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(영문) 창원지방법원 2014.06.03 2014고단386
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

At around 17:00 on November 18, 2013, the Defendant committed an indecent act against the victim, such as finding out the victim D (at the age of 19) who was divingd at the back seat of the city bus of C, which was around 17:0 on the 17:0, the Defendant:00, and using the victim’s bucks in his hand, and making it difficult for the victim’s body. In other words, the Defendant committed an indecent act against the victim by using the victim’s bucks.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

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

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed.

4. Where a conviction of the accused is finalized on the facts constituting a sex offense subject to the registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, 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 a police office having jurisdiction over his/her domicile pursuant

In full view of the Defendant’s age, occupation, risk of repeating a crime, motive, progress, seriousness of a 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 preventive effect of sexual crimes subject to registration which may be achieved therefrom, the effect of protecting the victim, etc., the disclosure of personal information pursuant to Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso of Article 49(1) and the proviso of Article 50(1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse shall be determined that there are special circumstances where disclosure or notification of personal information may not be ordered

Sentencing.

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