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(영문) 서울동부지방법원 2016.04.08 2015고단4014
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On December 2, 2015, the Defendant, at around 07:45, at the “C Sariba” water surface room located in Gwangjin-gu Seoul Special Metropolitan City, he takes a common part between the victim D ( South Korea, 20 years of age) and the victim E ( South Korea, 21 years of age) who was diving, and took part in approximately five minutes of loss on the sexual part of the above D, and continued to take part in approximately one minute in the same way as the sexual part of the above E.

Accordingly, the Defendant committed an indecent act against the victims in the public-populated places.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or E;

1. Application of investigation report (CCTV investigation), CCTV video CD-related Acts and subordinate statutes;

1. Relevant provisions of the Act and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Specific Crimes concerning the crime and the selection of fines (including the first offender and the confession and reflectiveness);

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 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 becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered in light of the Defendant’s age, occupation, risk of recidivism, content and motive of the crime, the method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc.

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