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(영문) 서울북부지방법원 2021.02.04 2020고정1413

성폭력범죄의처벌등에관한특례법위반등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 19, 2019, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes was sentenced to a fine of KRW 700,00 and an order to complete a sexual assault treatment program for 40 hours at the Seoul Northern District Court to complete a public performance obscene crime, and the said judgment became final and conclusive on December 27, 2019.

Around January 14, 2020, the Defendant, at the Defendant’s residence located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, issued a demand for attendance from the protection observation officer in charge of the Seoul Protection Agency to perform the above order, and did not comply therewith, and did not comply with the demand for attendance on February 11, 2020; around March 13, 2020; around March 23, 2020; around February 19, 2020; around March 23, 2020; and issued a warning to the effect that he/she will appear until March 20, 202; despite having received a demand for attendance from the protection observation officer in charge of the Seoul Protection Agency, the Defendant again refused to comply with the direction on the implementation of the order without justifiable grounds.

2. Around 04:40 on July 20, 2020, the Defendant made a public performance obscene act by openly exposing the Defendant’s sexual organ by exposing his clothes at the upstream of the upstream under Dongdaemun-gu Seoul, Dongdaemun-gu Seoul.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Investigation report (the measurement of the Dongdaemun-gu Office and the analysis of CCTV images provided for crimes) and crime CCTV CDs;

1. Investigation report (name and non-titled witness and telephone);

1. Application of the Act and subordinate statutes of the Seoul Northern District Court’s written request for appearance, warning (total three times from February 11, 2020 to March 23, 2020) and order for execution of order to complete a program

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(5)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes (which does not comply with this order), Article 245 of the Criminal Act, and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the Welfare of Persons with Disabilities Act;