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(영문) 광주지방법원 2014.10.29 2014고단2975
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

On July 31, 2014, at around 00:15, the Defendant reported that the victim E (19 years of age) is diving in the D History or the waters room in Gwangju North-gu, Gwangju-gu, and used the victim's sexual organ to catch the victim's sexual organ and shaking the victim's sexual organ for three minutes.

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. Application of Acts and subordinate statutes on police statement to E;

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 the disclosure order 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 and expected side effects, the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc., the court shall not issue an order to disclose or notify personal information to the Defendant 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 of Children and Juveniles against Sexual Abuse.

The reason for sentencing - the reasonable circumstance: The defendant is against the crime of this case, and there is no criminal record on the defendant. - The defendant's poor circumstances are the age of the victim and not the recovery of the victim's damage.

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