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(영문) 창원지방법원 마산지원 2013.12.11 2013고단919
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A fine of three million won shall be imposed on a defendant.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On September 8, 2013, around 03:39, the Defendant found up the victim D (at the age of 22) located in Changwon-si, Changwon-si B, and found the victim D (at the age of 22) back to the Daa, made it possible for the Defendant to see the victim’s interest to the above D by cover it up to the other person, and then, in so doing, the Defendant forcibly commits an indecent act against the victim from the soup bank, which is a place of public gathering, such as drinking her chest and her her fry with her hand, etc.;

2. At around 04:10 on the same day as the above paragraph 1, the victim E (man, 19 years of age) was discovered, the victim was covered by the victim E (man, 19 years of age), the victim’s interest was covered by the victim E (man, knee and kneee) so that no other person can be seen as the victim, and the victim was forced to commit soup at a soup place, which is a public smuggling place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and E;

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

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

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

1. Where the conviction of a defendant against a defendant who issued an order to register or disclose 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

However, in light of the content of the crime subject to registration, the history of punishment, etc., it is determined that the disclosure of personal information constitutes a case where there is a special reason to prohibit disclosure of personal information, and thus no order to disclose or notify personal information is issued (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

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