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(영문) 인천지방법원 2013.08.23 2012고정2511
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On 18, 2012. 01:15, the Defendant: (a) at the soup water hold room of “D” located in Seo-gu Incheon, Seo-gu Incheon, Seo-gu, Incheon; (b) accumulated the left arms on the side of the victim E (n.e., 12 years old); and (c) laid down the victim’s chest on the chest of the victim.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Legal statement of witness F;

1. The police statement concerning G;

1. Application of statutes on site photographs;

1. Relevant Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) and selection of fines concerning criminal facts

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Where a judgment becomes final and conclusive to submit personal information under Article 334(1) of the Criminal Procedure Act with a provisional payment order, the defendant is a person subject to registration of personal information pursuant to 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 chief of the competent police station

An order for disclosure or notification of registered information with regard to an order for disclosure or notification of registered information is required to be careful in that it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that the disclosure of personal information by the defendant is prohibited, such as the fact that the registration of personal information alone appears to have an effect to prevent recidivism. Thus, an order for disclosure or notification of registered information is not issued.

In principle, a court shall impose an order to complete a program on a defendant who has committed a sexual crime of judgment on whether to impose a complete program, so long as the defendant is convicted of a fine (Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes). However, in the instant summary order, the defendant did not impose an order to complete a program, etc. on the defendant, and the defendant requested a formal trial only, pursuant to the principle prohibiting disadvantageous changes under

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