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(영문) 수원지방법원 2015.08.20 2015고단2564
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

Around 00:50 on June 6, 2015, the Defendant discovered that the victim C (at 23 years of age) was locked from the floor of the water room at Osan-si B 00:50, the Defendant committed an indecent act against the victim at a public densely located place, such as making it possible for the victim to take advantage of the part adjacent to the victim, making the victim’s hum, chest, knum, and kel a hand in the part of the victim’s clothes, and making the victim humb from the lock to the part of the victim’s clothes, and making it possible for the victim to take hum in the part of the victim’s clothes.

Summary of Evidence

1. Partial statement of the defendant;

1. A written statement of C and D;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Taking into account all the circumstances, such as the degree of indecent act committed in this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the fact that the defendant does not have any criminal record identical to that of the defendant. Where a conviction of the defendant becomes final and conclusive on the crime committed in the judgment that he/she should register and submit personal information, the defendant is a person subject to registration of personal information under Article 42(1) of the Act

In full view of the Defendant’s age, occupation, risk of recidivism, type, motive, process, 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 the disclosure order or notification order, the preventive effect of the sex offense subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the Defendant is judged to have a special circumstance that may not disclose and notify personal information 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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