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(영문) 광주지방법원 2014.10.22 2014고단3151
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

From July 13, 2014 to 05:10 on July 13, 2014, the Defendant: (a) at a soup group meeting located in Gwangju Northern-gu Eagu, the Defendant reported the victim F (n, 20 years of age) who was shot, and had the Defendant’s arms and face at the lower part of the victim’s bridge and the sect, and had the part of the Defendant’s arms and face at the right side of the victim’s bridge. The Defendant continued to be locked up on the victim’s bridge, carried the Defendant’s bridge on the part of the victim’s bridge, cut off the right side of the Defendant’s bridge, cut off the Defendant’s bridge on the right side with the Defendant’s hand, and met the part of the chest on the right side, pushed down on the floor.

Accordingly, the defendant committed an indecent act on the part of the victim at a public smuggling place.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes for the explanation of photographs by capturing CCTV images;

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

1. Optional fine;

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

1. Where a conviction on a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order becomes final and conclusive, 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

In light of the Defendant’s age to be exempted from disclosure or notification order, records of the crime, contents and motive of the crime, method and consequence of the 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 prevention and effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., it is determined that there are special circumstances where the personal information may not be disclosed or notified. Thus, Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc

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