(영문) 서울중앙지방법원 2016.3.25.선고 2015고단8109 판결

Where a defendant fails to pay the above fine, the defendant shall be confined in a workhouse for a period calculated by converting 100,000 won into one day.

The defendant shall order the completion of a sexual assault treatment program for 16 hours.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal History Office

On August 27, 2015: around 50: around 50, the Defendant committed an indecent act against the victim at the victim E (the age of 27) who was divingd in the Dracks or the surface of the water located underground of the C building in Seocho-gu Seoul, Seocho-gu, Seoul, on his hand.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of the police statement of E;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the selection of fines, the birth floor of the victim who was divingd in a letter or on the surface of the water) is a case involving physical parts, such as the relationship between the defendant and the victim, the place of the crime, the type of the act committed by the defendant, the appraisal of the victim at the time, etc., the act by the defendant constitutes an indecent act in light of the relationship with the defendant and the victim, the place of the crime, the manner of the act committed by the defendant

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order to complete programs;

Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Order of provisional payment;

When a conviction on a crime in the judgment that is a sex offense subject to registration of personal information under Article 334 (1) of the Criminal Procedure Act becomes final and conclusive, the defendant is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to the competent agency

Disclosure Order and Exemption from Notice Order

In light of the Defendant’s age, occupation, risk of recidivism, motive for, method of crime, seriousness of consequence and crime, disclosure order or notification order, anticipated side effects and expected side effects to be achieved therefrom, prevention of sexual assault crimes subject to registration, effect on the protection of victims, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, proviso of Article 49(1) and proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant shall not be ordered to disclose or notify personal information.

It is so decided as per Disposition for the above reasons.