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(영문) 대구지방법원 서부지원 2017.12.07 2017고단887
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 19, 2016, the Defendant, at the E soup room in Daegu City, 08:00, e.g., the male water surface room in the Daegu City, Seogu, Daegu City, Do, 2 times in charge by putting the F’s sexual organ in hand on the clothes of the victim F (name, age 22) who was diving, and 08:05 on the same day, she laid in the same place as the other day, she was divingd by putting the hand on the part of the victim G (a family name, age 23) where she was divingd, and she was shaken back in the front and rear of G.

Accordingly, the defendant committed an indecent act against the victims in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to G (tentative name) and F (tentative name);

1. Application of Acts and subordinate statutes of the investigative report (list 14 of evidence);

1. Article 11 of the Act on the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. thereof;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act on the observation of protection;

1. Where a conviction on a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, the accused 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 the accused is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act.

In light of the Defendant’s age and occupation, records of the crime, details and motive of the crime, method and consequence of the crime, disclosure order or notification order, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the prevention of sexual crimes subject to registration that may be achieved therefrom, and the protection effect of the victim, there are special circumstances in which personal information may not be disclosed or notified.

Since it is judged, 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) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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