beta
(영문) 부산지방법원 동부지원 2014.01.15 2013고단3003

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

1. On October 13, 2013, the Defendant: (a) around 01:00, at the “D” test located in Sungwon-si, Sungwon-si, Sungwon-si; (b) followed by the victim E (V, 37 years old) who had danced; (c) placed the victim’s her finger on the victim’s shoulder; and (d) placed the victim’s her her mack with another hand.

2. The Defendant had been living at the time and place described in the above Paragraph 1, and the Victim F (V, 29 years old) who had danced had only twice the Victim’s right chest.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute to the statement of E and F;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where this judgment becomes final and conclusive, a defendant who shall submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is a person subject to registration pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the chief of the competent police station (Provided, That where a person subject to registration is confined in a correctional institution or a medical treatment

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process, consequence and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order, the preventive effect and effect of the sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., the Defendant is judged to have any special circumstance that may not disclose personal information pursuant to Article 47(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the proviso of Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.