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(영문) 부산지방법원 2014.12.17 2014고단8223
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 26, 2014, at around 19:10, the Defendant committed an indecent act by committing an indecent act by deceiving the victim’s her mare, who was waiting for subways C (Inn, 18 years of age) in the Soksan-dong located in Busan Soksan-dong, Busan-gu, Busan-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes on the Punishment, etc. of Sexual Crimes on the Selection of Imprisonment with prison labor in consideration of the fact that the person was punished for the same crime in 2011,

1. Article 62 (1) of the Criminal Act (Consideration to the agreement with the victim, etc.);

1. Where this judgment becomes final and conclusive on the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is 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 is obligated to submit personal information to a competent agency under

In light of the Defendant’s age, occupation, risk of repeating a crime, type, motive, process, consequence and seriousness of the crime in this case, disclosure order or notification order, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to such order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the effect of protecting the victims, etc., the disclosure order or notification order shall not be issued to the Defendant, on the grounds that there are special circumstances under which personal information shall not be disclosed or notified pursuant to the proviso of Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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