logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2020.10.07 2020고단2867
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A and the victim B (the age of 20) are not known to each other as a "C customer".

At around 01:50 on February 1, 2020, the Defendant committed an indecent act against the victim in a place where the victim's right macks down by using the victim's mackt under below, and where the public is concentrated, at around 01:50 on the Busan Jin-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report of police statements of B and E (Hearing of victim's statements);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 11 of the relevant Act on Criminal Crimes and the Special Act on the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) for which the choice of punishment is made;

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

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

1. Where a judgment of conviction against a defendant on the criminal facts stated in the judgment that a provisional payment order should be registered and submitted pursuant to Article 334(1) of the Criminal Procedure Act 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 obliged to submit personal information

In full view of the Defendant’s age exemption from disclosure and notification order, type of crime, criminal process, criminal records, disclosure and notification order, social benefits expected by the employment restriction order, and the effectiveness of the prevention of sexual crimes and the disadvantages and anticipated side effects of the Defendant therefrom, etc., it is determined that there are special circumstances where the disclosure and notification of Defendant’s personal information or the issuance of an employment restriction order to children, juvenile-related institutions, etc. and welfare facilities for disabled persons should not be ordered. As such, Articles 47(1) and 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

arrow