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(영문) 청주지방법원 2018.09.14 2017고단2671
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 September 8, 2017, around 02:30, the Defendant committed an indecent act against another victim on the part of the victim D(S) located on the part of the victim D(S) located in Jincheon-gun, Jincheon-gun, Jincheon-gun, D, or in the fourth male water surface room, and by hand, committed an indecent act against the victim at a place where the victim’s sexual organ is concentrated with the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to victims;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against whom an employment restriction order is issued: The circumstances in which the nature of the offense is bad: (a) appears to be against his/her wrongness; (b) there is no previous conviction exceeding the fine; and (c) the above circumstances include the defendant’s age, sex, environment, motive, means and consequence of the offense, and the circumstances before and after the commission of the offense, etc.

When a conviction on a crime in the judgment that is a sex offense subject to registration and submission 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 the head of the competent police office pursuant to Article 43

The defendant's age, occupation, risk of repeating a crime, motive, method, seriousness of the crime in this case, the degree and expected side effects of the defendant's disadvantage due to the disclosure order or notification order of personal information disclosure order, the preventive effect of the sexual crime subject to registration which can be achieved due to such order, and the effect of protecting the victim, etc. shall be punished by sexual crimes.

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