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(영문) 수원지방법원 2018.10.25 2018고단4863
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

On June 10, 2018, the Defendant found the victim D (the 25 years of age) who was divingd, discovered the victim D (the son, 25 years of age) at the “C soup,” located in Suwon-si, Suwon-si B, Suwon-si, Suwon-si, Suwon-si, and met the victim’s chest by hand.

Accordingly, the Defendant committed soup, which is a place where the public is concentrated, indecent act on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A investigation report (Investigation related toCCTV images) and a photograph of the CCTV images taken;

1. A criminal investigation report (Attachment of Poto CCTV images CDs), the application of CD-related Acts and subordinate statutes;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Where the registration of personal information under Article 334(1) of the Criminal Procedure Act and the conviction of the accused against the duty to submit such information 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, disclosure order or notification order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., there are special circumstances in which the disclosure of personal information may not be disclosed pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection, etc. of Children against Sexual Abuse.

Since it is judged, it is not ordered to disclose or notify the defendant.

The defendant is exempted from the employment restriction order.

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