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(영문) 서울북부지방법원 2013.12.11 2013고단2493
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine not exceeding 1.5 million won.

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

Reasons

Punishment of the crime

On September 19:17, 2013, the Defendant committed an indecent act against the victim at an open space in a way that he gets off her left her straw, her straw, and her straw in the front direction of the upper parallel line of the Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul (No. 1 line).

Summary of Evidence

1. Defendant's legal statement;

1. B written statements;

1. Application of CCTV image Acts and subordinate statutes;

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

1. The Defendant alleged to the effect that the Defendant was in a state of mental disability under the influence of alcohol at the time of the instant crime, and thus did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime. As such, the Defendant did not have the ability to discern things at the time of the instant crime.

Since it seems that it did not seem to have reached a state or weak, the above assertion is rejected.

Where a judgment of conviction against a defendant on a crime subject to registration of personal information becomes final and conclusive, 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 relevant agencies pursuant to Article 43

When comprehensively taking into account the Defendant’s age, occupation, risk of repeating a crime, type of the instant crime, motive, process, seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect of the sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., the proviso to Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively considered.

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