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(영문) 서울북부지방법원 2013.09.24 2013고정2185

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

On February 15, 2011, at around 21:20, the Defendant committed an indecent act against the victim by reporting the victim D (n, 58 years of age) who was divingd in Crown-gu Seoul Metropolitan Government Crown-gu, and the third floor of the water surface, and by provokinging the victim’s personal skill with his own left hand, saving the victim’s hand with his own hand, and shaking his sexual organ.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Statement made to D by the police;

1. Complaint;

1. Application of investigation reports (general Acts and subordinate statutes);

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Punishment, etc. of Sexual Crimes for which a sentence is selected (Amended by Act No. 10567, Apr. 7, 2011);

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

1. Where a judgment of conviction becomes final and conclusive on the instant criminal facts against a defendant who has registered personal information of Article 334(1) of the Criminal Procedure Act, the Defendant constitutes a person subject to registration of personal information pursuant to Articles 4(1) and 42(1) of the Addenda of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012) and is obligated to submit personal information to the competent agency pursuant to Articles 5(1) and 43 of the Addenda of the same Act (amended by December 18, 2012).

In light of the fact that the defendant does not have the same criminal history for the reason that he/she did not issue an order to disclose or notify information, the degree and expected side effects of the defendant's disadvantage due to an order to disclose or notify information, and the prevention effect of sexual crimes subject to registration that may be achieved therefrom, etc., the defendant's registration shall be determined as follows: Article 4(1) of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by December 18, 2012); Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes; Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.