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(영문) 대구지방법원 포항지원 2015.06.25 2015고단224
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 08:30 on December 12, 2014, the Defendant discovered the victim D(C, 35 years of age) that was accumulated in a soup c “C,” which is a place of public gathering located in Nam-gu, Nam-gu, Sinpo-si, and committed an indecent act by committing an indecent act by inserting the victim’s arms and legs several times with his hand, inserting his hand into the victim’s inner part, putting his hand into the victim’s inner part, putting his hand into the victim’s inner part, and putting his hand into the victim’s inner part, and committing an indecent act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to D (victims);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the relevant criminal facts;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The circumstances favorable to the defendant's agreement with the victim or failure to repay damage: There is no record of punishment or a punishment exceeding the fine for the same type of crime; and there is a violation against the defendant's wrongness; in addition to the above circumstances, in a case where the conviction of the defendant against the criminal facts that are subject to registration of personal information has become final and conclusive, considering the various factors indicated in the records such as defendant's age, occupation, character and behavior, environment, and circumstances before and after the crime, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment

The defendant's age, occupation, risk of recidivism, type of crime in this case, motive, process, seriousness of the crime, disclosure order or notification order, the disadvantage and anticipated side effects of the defendant's entrance due to the disclosure order or notification order, the effectiveness of the prevention of sexual crimes subject to registration, and the protection of victims.

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