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(영문) 창원지방법원 2017.06.08 2017고단464
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, who falls under class 1 of intellectual disability 1 and lacks the ability to discern things, committed an indecent act at a densely-populated place in the public place in order to commit an indecent act against the victim C (the 22 years old), who is seated in the seat of the victim on November 4, 2016, in the light of the details of the Busan Kim Jong-do Kim, around 07:30 on November 4, 2016, with the intention of committing an indecent act against the victim C (the 22 years old), who was seated in the seat of the victim.

Summary of Evidence

C Application of CCTV photograph Acts and subordinate statutes to the 112 Report Processing Statement No. 112

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

2. Selection of an alternative fine (such as the fact that the degree of punishment is not severe and the indictment is suspended in 2015, and there is no record of criminal punishment, etc.);

3. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical drugs;

4. Although the Defendant was exempted from an order to attend a lecture or an order to complete a program under Articles 70(1) and 69(2) of the Criminal Act, even in 2015, the Defendant was subject to a disposition of suspension of indictment on the ground that the seat bucks of a woman in front of the metal in front of the metal in front of the year 2015, family members are trying to prevent recidivism, such as taking measures to have the father commuted by the bus for employees in lieu of the full-time metal, and it seems difficult for the Defendant to normally perform the order to attend a lecture or order to complete a program

Therefore, there is a special circumstance in which it is impossible to impose an order to attend a course or order to complete a program pursuant to the proviso of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes or the proviso of Article 21(2) of the Act

Since it is determined, the defendant is not concurrently required to attend a course or complete a program.

Where a conviction against a defendant who has registered personal information becomes final and conclusive.

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