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(영문) 수원지방법원 2017.08.08 2016고단6563
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On September 24, 2016, around 11:58, the Defendant discovered the victim D(45 tax) that was locked at the 3rd floor of the "C" 'C in Suwon-si, Suwon-si, Suwon-si, and discovered the victim's sexual organ by drinking up the victim's crypted back to the victim, and then the victim's sexual organ was confirmed by hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A report on investigation, and a report on investigation (verification of CCTV images at the place of crime);

1. The 112 reported case settlement table, respectively;

1. Application of the Acts and subordinate statutes on site photographs, on-site images, and CCTV images closure photographs;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (the defendant is difficult to expect a foreigner to smoothly implement an order to attend a lecture due to the lack of communication in Korean language and it is also difficult to achieve

Since there is a special circumstance in which an order to attend a course is not possible, and if a conviction becomes final and conclusive on the facts stated in the judgment that is a sex offense subject to registration and submission of new information, 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 the competent agency pursuant to Article 43 of the same Act.

In light of the Defendant’s age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the Defendant’s entrance due to the disclosure order or notification order, the prevention of sexual crimes subject to registration and the effect of protecting the victims of sexual crimes, etc., the punishment of sexual crimes, etc. shall be taken into comprehensive consideration.

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