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(영문) 부산지방법원 2017.11.08 2017고단4769
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

피고인은 2017. 8. 19. 01:50 경 부산 동구 B에 있는 ‘C 호텔 사우나’ 3 층 수면 실에서, 침대에 누워 잠을 자고 있는 피해자 D(24 세 )에게 다가가 피해자의 목욕 가운을 벗긴 후 피고인의 입으로 피해자의 유두를 핥고 빠는 등 공중 밀집장소인 목욕탕 수면 실에서 피해자를 추행하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to the written request for appraisal;

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

1. Selection of a selective fine for punishment (the defendant has no record of performing the same kind of crime, and the defendant shows his attitude to recognize and reflect the crime when committing the crime in this court);

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. Where a conviction of an indecent act committed in the judgment that is subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act is finalized, the accused 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 accused is obligated to submit personal information to a related agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victim, etc., the Defendant may not disclose personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse.

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