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(영문) 대전지방법원 서산지원 2014.04.11 2013고단969
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On November 18, 2013, at around 04:48, the Defendant committed an indecent act on the victim’s chest at a public densely-populated place using the victim’s chest only once by taking out the victim’s chest in the next side of the set soup crying bank located in Supto B (the age of 54).

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Selection of a selective fine (or, without any previous conviction, considering the defendant's age, occupation, circumstances of crimes, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Where the conviction of a defendant against a sexual crime subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, the defendant 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 is obligated to submit personal information to a related agency pursuant

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process and seriousness of the crime in this case, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention and effect of a sexual crime subject to registration which may be achieved therefrom, the effect of protecting the victims, etc., in full view of the Defendant’s age, occupation, risk of repeating a crime, the type of the crime in this case, consequence and seriousness of the crime, the disclosure order or notification order, the disclosure order or notification order shall not be issued to the Defendant, since there are special circumstances that need not disclose and notify personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes,

It is so decided as per Disposition for the above reasons.

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