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(영문) 대구지방법원 2019.07.10 2019고단1428
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

The defendant is in Grade 3 mental disorder, and he is not aware of the victim B (the age of 23).

On February 6, 2019, at around 10:34, the Defendant stopped in the D Station located in Daegu Suwon-gu, Daegu-gu, about 3 lines of ground iron, and discovered the victim from the window, and caused the victim to her her her son by hand.

Accordingly, the Defendant committed an indecent act against the victim in the electric car, which is a place of public secrecy.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A report on internal investigation (on-site search and investigation);

1. Application of the Acts and subordinate statutes for 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The sentencing reasons under Article 334(1) of the Criminal Procedure Act include: (a) considering the fact that the defendant committed an indecent act against the victim at an air smuggling place; and (b) the fact that the victim did not receive a letter from the victim, the defendant is led to an offense; (c) having no record of criminal punishment; (d) having no record of criminal punishment; (e) having no record of indecent act; and (e) having no record of engaging in an indecent act; and (e) having a mental disorder of class

Where a conviction becomes final and conclusive on the facts constituting a crime in which personal information is to be registered and submitted, the defendant is a person subject to registration of personal information in accordance with 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

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exemptions from Disclosure Orders, Notification Orders, and Employment Restriction Orders, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 56(1), and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities.

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