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(영문) 창원지방법원 2018.02.06 2017고단3673
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 3, 2017, at around 06:10, the Defendant had sexual intercourses in Busan Shipping Daegu D, E 6th floor water rooms in the soup room, where there are other customers, such as E, F, G, etc., and had sexual intercourses in the form of soup, and had sexual intercourses in the form of their sexual organ by hand.

2. The Defendant 1 committed an indecent act in a public-populated place (an indecent act in a public-populated place) committed an indecent act against the victim on the victim F (the 19-year old age)’s left side of the victim F (the 19-year age), who was diving together with G, and on the victim’s sexual organ, and on the victim’s right side, he saw the victim’s left arms on the back side of the victim’s own surface and took up his own right side on the victim’s surface, thereby populated the victim’s fluencing the victim into unfluen public-fluened bridge.

Summary of Evidence

The application of the laws and regulations on CCTV images taken in police statements against F, G

1. Relevant legal provisions concerning criminal facts, Article 245 of the Criminal Act on the selection of punishment, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a crime committed in a concentrated place) / Imprisonment with prison labor;

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

3. Article 62 (1) of the Criminal Act on the stay of execution.

4. Where the conviction of the accused who has registered personal information in accordance with Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, becomes final and conclusive with respect to the crime committed in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows), the accused shall be subject to the registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the obligation to submit personal information to the head of the police office having jurisdiction over his/her domicile

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 shall apply to crimes subject to disclosure order or exemption from notification order, the history of punishment, etc.

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