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(영문) 대전지방법원 논산지원 2018.04.06 2018고단69
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On December 30, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Cpopulated Places) included the damages between the victim E (tentative, do, and 48 years old) who was divingd with other people on the second floor of the YYYYYYYYYYYYYYYYYYYYYYYYYYYYYY, 200, and the second floor of Drup, 2017, and met the sound of the victim.

Accordingly, the Defendant committed soup, which is a place where the public is concentrated, indecent act on the victim.

2. When the Defendant, at the time and place set forth in the above Paragraph 1, was frying and making soup the Defendant, who was the victim committed an indecent act against the above Paragraph 1, out of the soup room, the Defendant suffered injury, such as taking away the victim by hand for about four weeks from the soup room, and cutting the victim over the floor in order to escape.

Accordingly, the defendant suffered bodily injury by committing assault to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. On-site CCTV reports (verification, etc. of CCTVs);

1. Application of Acts and subordinate statutes to report on investigation (the details of submission and attachment of a medical certificate);

1. Relevant legal provisions concerning the facts constituting an offense, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (Indecent Acts in Public Crows), Articles 262, 260 (1), and 257 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

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 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. When a conviction on a sex offense subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, 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 the defendant is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

disclosure order; or

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