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(영문) 부산지방법원 2019.02.18 2018고단5549
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 1, 2018, at around 00:50, the Defendant committed an indecent act against the victim D (at least 25 years of age) who had danced in the 8th floor of the Busan Jin-gu B building in Busan, and had the victim k's k's k's k's k's k's k's k's k's k's k's k's k's k'

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

2. Selection of an alternative fine for a punishment (the person has no record of punishment for the same kind of crime, and is punished by a fine by examining the circumstances, details, etc. of the crime);

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

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

5. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes exempt from an order of disclosure, an order of notification, and an order of restriction on employment, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., Defendant’s age, occupation, family environment, social relationship, criminal records, risk of recidivism, order of disclosure and notification, benefits and effects expected by the order of restriction on employment, disadvantage and side effects of the order, etc. shall be comprehensively taken into account, and there are special circumstances in which the disclosure or notification of Defendant’s personal information shall not be ordered

6. Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, 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 competent agency

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