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(영문) 서울남부지방법원 2014.01.28 2013고단2762
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around June 30, 2013, the Defendant committed indecent act against the victim E (the 37 years of age, south) in a public densely-populated place, as he / she used the sexual organ of the victim E (the 37 years of age, south) who was diving in the Yangcheon-gu Seoul Metropolitan Government male waters room, around June 30, 2013, when the Defendant was under the influence of discerning things or making decisions due to editing mental division.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act for mitigation of mental disorders;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order include: (a) the degree of indecent act committed by the instant crime on the grounds of sentencing; (b) the Defendant has no record of being punished; and (c) the recognition of the instant crime; and (d) the details, means, methods, and results of the instant crime.

In principle, where a sentence of a fine is issued to a person who commits a sexual crime of judgment on whether to impose an order to complete a program, the order to complete a program shall be imposed. However, in light of the fact that the defendant is mentally divided, it is deemed that there are extenuating circumstances in which the order to complete a program cannot be imposed.

Where this judgment becomes final and conclusive, the accused is a person subject to registration of personal information pursuant to 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 head of the competent police office pursuant to Article 43 of the same

The order of disclosure or notification of registered information with regard to the order of disclosure or notification of registered information should be carefully affected by the defendant. In this case, the defendant's indecent act is personal information.

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