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(영문) 수원지방법원 2014.03.10 2014고단224
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of two million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 24, 2013, around 05:05, the Defendant committed an indecent act against the victim in the manner of spreading the victim’s sexual organ to the victim B (ma, 22 years of age) who was divingd in the Drina or male inland waters, where the public located in Young-gu, Young-gu, Gyeonggi-gu, Gyeonggi-si, which is a place where the general public is concentrated, and the victim B (ma, 22 years of age) who was divingd.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

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 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where the conviction of the accused against the criminal facts in the judgment that are subject to the registration of personal information under Articles 25(1), 31(1), and 31(2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is finalized, 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 to a related agency pursuant

In full view of the Defendant’s age, occupation, risk of repeating a crime, 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 entry, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the Defendant shall not be ordered to disclose or notify personal information pursuant to the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse. Thus, the Defendant shall not be ordered to disclose or notify the information.

It is so decided as per Disposition for the above reasons.

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