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(영문) 청주지방법원 2015.09.30 2015고단1023
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

On May 10, 2015, at around 05:00, the Defendant accessed the victim’s “Cariba” located in Sungnam-si A, Sungnam-si, as well as the victim D (V, 53 years old) who was born at the soup bank, and she saw the victim into both arms, and her chest was delivered to the victim’s chest.

Accordingly, the Defendant committed soup at soup, which is a place of public gathering, indecent act on the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police statement made to D and E;

1. Application of investigation reports (on-site CCTV confirmation and capture of photographs), CCTV video images CD-related Acts and subordinate statutes;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. Selection of an alternative fine for punishment;

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

1. The details and result of the crime committed on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the court shall determine the same sentence as the order to the defendant, taking into account the following factors: (a) all the sentencing conditions stated in the argument of the instant case, including the details of the crime committed on the grounds of sentencing, the circumstances after the crime, the victim’

When a conviction on a sex offense subject to registration of personal information becomes final and conclusive, the defendant shall become 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 shall be obliged to submit personal information to the competent agency as prescribed in Article 43

In full view of the Defendant’s age, occupation, risk of repeating a crime, content and motive of a crime, method and seriousness of a crime, the degree of disadvantage and anticipated side effects to be borne by the Defendant due to an disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, and children and juveniles against sexual abuse.

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