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(영문) 인천지방법원 부천지원 2014.07.02 2013고단2863
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 5, 2013, at around 13:30, the Defendant exceeded the victim D (33 years of age) who was divingd in the second floor of “C hotel” in Jongno-gu Seoul Metropolitan Government, and committed an indecent act against the victim at a place where the victim’s sexual organ was stored and the public was concentrated.

Summary of Evidence

1. Partial statement of each police suspect examination protocol against the accused;

1. Statement of D police statement;

1. Recording notes;

1. Application of Acts and subordinate statutes to investigation reports (C librarians or field photographs);

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (Amended by Act No. 11556, Dec. 18, 2012); Article 16(2) of the Addenda (Amended by Act No. 10567, Apr. 7, 2011);

1. Where a conviction of a defendant against a sexual crime subject to registration of personal information under Article 334(1) of the Criminal Procedure Act is finalized, 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 a related agency pursuant to Article 43 of the same Act

In full view of the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, seriousness of the crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entry, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall be given to the Defendant, given that there are special circumstances where the disclosure or notification of personal information shall not be given pursuant to the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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