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(영문) 춘천지방법원 2013.09.24 2013고단670

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

On June 29, 2013, at around 22:05, the Defendant committed an indecent act against the victim D (51 years of age, women) who reported a public performance at the C festival located in Chuncheon City B, and committed an indecent act against the victim by forcing the victim to commit an indecent act on two occasions after the victim’s left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of each police protocol of statement to E and D;

1. Relevant legal provisions concerning criminal facts and Article 298 of the Criminal Act concerning the choice of punishment;

1. The reasons for sentencing under Articles 70 and 69(2) of the Criminal Act are in violation of the Defendant’s depth in committing the crime, and the Defendant has no record of punishment, the degree of damage, and the character, conduct, environment, and health conditions of the Defendant, as indicated in the oral proceedings of the instant case, shall be equally considered to determine the punishment as set forth in the Disposition.

Where this judgment becomes final and conclusive on a defendant who is obligated to register personal information and submit such information, the defendant shall be a person subject to registration of personal information pursuant to Articles 42 (1) and 2 (1) 3 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and shall be obligated to submit personal information to the chief of the competent police station within 30 days from the date

In full view of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and expected side effects of the Defendant’s injury, the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order of personal information shall not be issued against the Defendant pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the disclosure order of personal information shall not be issued against the Defendant.