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(영문) 수원지방법원 안산지원 2018.10.24 2018고단2879
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 17, 2018, around 05:05, the Defendant brought the victim D (Woo, 24 years old) who was frighted in C saw or water surface room located on the eightth floor of the B building in Seocheon-si B, Seocheon-si, 2018, and brought the victim's right chest by his own hand.

Accordingly, the Defendant committed an indecent act against the victim in a private letter or water surface room where the public is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

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. 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.

In full view of the Defendant’s age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure disclosure order and employment restriction order, the preventive effect and effect of the sexual crime subject to registration that can be achieved, the effect of the victim protection, etc., there are special circumstances in which the Defendant may not disclose personal information or place employment restrictions.

Since it is determined, an order of disclosure, notification and employment restriction order shall not be issued to the defendant.

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