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(영문) 대구지방법원 2017.10.24 2017고단4458
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 3, 2017, at the edge of a “D” club located in Jung-gu Daegu-gu, Daegu-gu, the Defendant discovered the victim E (n, 26 years of age) who talked with his or her child boom and talking with his or her child, and accessed the victim's back to the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. Investigation Report (as to the results of theCCTV analysis, etc.) - Photographs, investigation report (as to the attachment of a suspect's false statement of detection as a result of the detection), - Application of the Acts and subordinate statutes as a result of poly

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction of the accused is finalized on the facts constituting a sex crime 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 a related agency pursuant to Article 43 of the same Act.

In light of the defendant's age, occupation, risk of recidivism, type and motive of the crime, process of the crime, seriousness of the crime, preventive effect of the sexual crime that can be achieved through an order to disclose information, disadvantage of the defendant, etc., no order to disclose personal information registered pursuant to the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be issued to the defendant.

Using the fact that there are many persons with reason for sentencing, the victim is indecently committed on the part of the victim.

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