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(영문) 창원지방법원 2017.06.29 2017고단795
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 4, 2016, the Defendant committed an indecent act on the victim in the bus by taking off D's bus at the bus stops in front of the Busan Metropolitan City, Gwanak-gu, Busan Metropolitan City, and by taking off the victim E (n's, 20 years old), after the victim E (n't, 20 years old) who was in the bus, her macks the victim's mack on the part of the victim with the mack of the non-high speed.

Summary of Evidence

Application of Acts and subordinate statutes to the Defendant’s written statement damage

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

2. Selection of a fine of choice of punishment (the defendant, even in 2014, has committed a similar crime and has been suspended from indictment, and there is no fact of criminal punishment, and the victim does not want to be punished, and the defendant, who is led to confession from an investigative agency and against himself/herself, shall be selected by a fine in consideration of

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

4. Where a conviction against a defendant who has registered his/her 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 defendant shall be a person subject to the registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant shall be obligated to submit personal information to the head of the police office having jurisdiction over his/her domicile pursuant to Article 4

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose 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 order for disclosure or notification of personal information is not issued.

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