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(영문) 수원지방법원 안산지원 2013.08.21 2012고단486
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant

A (64-years, South) and victim B (84-years, South) are not known to each other.

On 09 07:10 on 09:0 on 07:10 on 201, the Defendant committed an indecent act against the victim for about one hour by using his hand and leg inside the D Dogle, a place densely concentrated with the C public, and inside the male water surface, with his hand and leg, covering the victim’s arms and legs, and putting his hand in his clothes on the victim’s upper clothes.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A written statement prepared B;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012) and Article 11 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

2. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse.

3. Where a conviction of a defendant against a sex offense subject to the registration of personal information under Article 334(1) of the Criminal Procedure Act becomes final and conclusive, the defendant 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 is obligated to submit personal information to a related agency pursuant to Article 43 of

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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