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(영문) 광주지방법원 2016.04.20 2015고단4838
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On November 28, 2015, the Defendant, at around 08:00, set soup Does, located in Gwangju Seo-gu, Seo-gu, Gwangju, the victim E (n, 23 years old) took part in the victim’s shoulder, chest, chest, traw, bridge, etc.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against the victim;

1. Application of the CCTV photographs to Drup soup;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant's wrong recognition of his/her misconduct) (the defendant's age, family environment and social ties, power, details and motive of the crime, method and consequence of the crime, the degree of disadvantage and anticipated side effects of the defendant's injury caused by an order to disclose or notify information, the preventive effect and effect of the sexual crime subject to registration that can be achieved therefrom, the effect of protecting the victims, etc. shall not be disclosed or notified.

Since it is judged, no order shall be issued to disclose or notify the defendant.

The punishment shall be determined as ordered in consideration of the circumstances that form the conditions for sentencing as shown in the records, such as the circumstances and degree of conduct, age, sex, environment, family relationship, motive and consequence of the crime, and the circumstances after the crime, as shown in the grounds for sentencing.

A favorable condition: The defendant shall be led to confession.

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