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(영문) 창원지방법원 마산지원 2020.03.27 2019고단752
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor 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 1, 2019, the Defendant, a worker of Sri Lanka, is taking a job by lending spadics from “B” No. 9 and No. 10 to “B” located in Busan Shipping Daegu, and from “B” in “B” and “B” in “B” located in Busan Shipping Daegu, and is playing water using tubes.

An indecent act was committed against the victim’s will at a place where multiple resort visitors visit the victim C (n, 18 years of age) and take the victim’s hand in water, put the victim’s hand out of his/her clothes in water, talks the victim’s hand at one time with his/her left hand, again put his/her hand into the victim’s hand clothes, and talks the victim’s am and am together once.

[A] The Defendant and his defense counsel asserted that the Defendant and his defense counsel did not have any intention to commit an indecent act against the outside of the swimming clothes, and that there was no fact that the inside of the swimming clothes did not have any her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

1. C Witness’s testimony;

1. Statement to C by the police;

1. The degree of circumstances at the time of damage and the application of Acts and subordinate statutes at the time of committing the crime;

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

1. Article 62 (1) of the Criminal Act;

1. Where the conviction of a sex offense subject to registration becomes final and conclusive in the judgment that is subject to the registration and submission of personal information under the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from order to complete program (with regard to Defendant’s Korean language ability, etc.), the Defendant 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 the obligation

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