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(영문) 인천지방법원 2017.04.26 2017고단1045
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

The defendant is not aware of the victim B (n, 27 years of age, 10) and the victim C (n, 34 years of age, 24 years of age).

On July 30, 2016, the Defendant: (a) discovered victims who were locked within the sobrying Do and E 5th floor Do, Seo-gu, Seosan-gu, Seoyang-gu, Goyang-gu, 2016 and tried to commit an indecent act.

The Defendant sent the victim B, who was diving, to the victim B, one time as he was in charge of the victim's chest, and the victim C, who continued locked, was in charge of the chest by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to B (tentative name) and C (tentative name);

1. The application of Acts and subordinate statutes to photographs (net 20);

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 a conviction of the accused is finalized on the facts constituting a sex crime subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 to a related agency pursuant to Article 43 of the same Act.

Article 47(1) and Article 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 and Juveniles against Sexual Abuse shall not be sentenced to an order to disclose personal information registered to a defendant pursuant to the defendant, taking into account the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, the effect of preventing sexual crimes that may be achieved through an order to disclose information, disadvantage the defendant's injury, etc.

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