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(영문) 의정부지방법원 2014.04.07 2014고단490
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

At around 10:30 on February 2, 2014, the Defendant committed soup, so called soup, the Defendant committed an indecent act on the victim’s sexual organ of the victim D (Name and 21 years old), who was divingd in the fifth floor Crown of the building B, and the water surface room of the building B, in his hand, and was in a very concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of D and E;

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

1. Articles 70 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) are unfavorable under the circumstances where the defendant did not agree with the victim, the fact that the defendant is against the time of committing the crime, and the fact that there is no other penalty force than the one-time fine prior to the one-time fine, shall be considered under favorable circumstances. The punishment shall be determined by comprehensively taking into account all the factors such as the method and result of the crime in this case, circumstances after committing the crime

Inasmuch as a judgment of conviction was rendered against a defendant who has registered personal information as a result of a crime, if this judgment becomes final and conclusive, the defendant is a person subject to registration of personal information pursuant to 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 relevant agency

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to an order of disclosure or notification, the preventive effect of a sexual crime subject to registration that may be achieved therefrom, the effect of protecting the victim, etc., the exemption order of disclosure or notification order shall be comprehensively considered.

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