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(영문) 창원지방법원 2017.02.02 2016고단3606
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 3, 2016, around 06:35, the Defendant committed an indecent act against the victim in soup, soup, taking out the victim’s left chests in the inside of the joint water surface room of the Dabryun, which was taken out by the Defendant at Changwon-si on September 3, 2016, in a soup, which is a densely concentrated place for the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. Investigation report (investigation into the on-site situation at the same time of withdrawal);

1. Application of the Acts and subordinate statutes to a investigative report (to attach photographs by CCTV video and caps);

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 imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. A comprehensive consideration of the following factors: (a) details and method of the crime of sentencing under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend the Republic of Korea; (b) degree of prosecution; and (c) reflects the same type of crime; and (c) the fact that there is no record of criminal punishment for

Where this judgment becomes final and conclusive, the defendant becomes a person subject to registration of personal information in accordance with 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 head of the police office having jurisdiction over his/her domicile pursuant to Article 43(1) of the same Act.

In light of the details of a crime subject to an order for disclosure or exemption from notification and record of punishment, etc., it is determined that there are special circumstances that may not disclose personal information pursuant to 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. Thus, the order for disclosure or notification of personal information is not issued.

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