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(영문) 대구지방법원 영덕지원 2014.04.23 2014고단24
성폭력범죄의처벌및피해자보호등에관한법률위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 12, 2014, at around 02:30 on January 12, 2014, the Defendant committed an indecent act against the victim, such as taking advantage of the victim D (the age of 15, south) who was divingd in the Crari or the third water surface room located in Young-gun B, Young-gu, Chungcheongnam-gun, the Defendant committed an indecent act on the part of the victim, such as taking the victim's hand into the part of the victim, taking the victim's hand, putting the victim's hand into the part of the Defendant, and

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each police statement made to D (victim) and E;

1. Application of Acts and subordinate statutes to report internal investigation;

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

1. Where a conviction of the accused is finalized on the facts constituting a sexual crime subject to the registration of personal information under Articles 70 and 69(2) of the Criminal 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 competent agency pursuant to Article 43 of the

In full view of all the favorable circumstances such as the degree of illegality and the degree of damage, etc. of the defendant's imposition of a fine in this case, the benefits and preventive effects expected by all the incidental dispositions, and disadvantages and side effects therefrom, etc., considering that there is no history of punishment against the defendant with regard to the incidental disposition, the incidental disposition is not imposed, since it is judged that there are special circumstances prescribed in the proviso to Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the proviso to Article 49 (1) of the same Act.

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