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(영문) 창원지방법원 마산지원 2013.07.24 2013고단447
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 5, 2013, at around 04:50, the Defendant committed an indecent act on the victim at a soup bank, which is a public gathering place, by inserting up the shape that the victim D (the victim, the age of 39) would take up side by the married person, and by inserting the bridge into the entrance of the earth where the victim is her own, by inserting the bridge into the earth, and by inserting it into the victim's bridge on several occasions, such as the victim's chests, Dog, and bridges, at a soup bank, which is a public gathering place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

1. Relevant Article on criminal facts: Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Suspension of execution: A defendant is subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes after a judgment becomes final and conclusive, and is obligated to submit personal information to the head of the competent police office pursuant to Article 43 of the same Act;

An order for disclosure or notification of registered information, as to whether to issue an order for disclosure or notification of registered information, needs to be careful as it may seriously affect the defendant, and in this case, it is judged that there are special circumstances that may not disclose personal information, such as where the registration of personal information alone appears to have an effect to prevent recidivism by the defendant. Thus, an order for disclosure or notification to the defendant pursuant to 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 Act on the Protection of Children and Juveniles against Sexual Abuse shall not be issued.

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