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(영문) 수원지방법원 2020.01.10 2019고정732

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 07:20 on October 20, 2018, the Defendant started from the C University located in Chungcheongnam-si B and was seated in the second third seat in the E-city operated to the Seoul D Station, and was seated, the Defendant laid down the victim’s left shoulder by the driver’s hand near the victim F (one name, half, 25 years old). On the left hand, the part of the victim’s left shoulder and knee and buckbbbbbbbbs in hand, and pushed the victim into the seat, and the victim refused it, and did not enter the victim’s face, facing the victim’s face, and went beyond the victim.

Accordingly, the defendant committed an indecent act on the victim in a bus, which is a place of public smuggling.

Summary of Evidence

1. Statement of the police statement concerning the F;

1. Investigation report (to hear victim's telephone statements);

1. Application of the Ebbbbbbbling video CD-related Acts and subordinate statutes;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. An employment restriction order under Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and Article 59-3 (1) of the Act on Welfare of Persons with Disabilities is not issued, since a defendant related to an employment restriction order under Article 334 (1) of the Criminal Procedure Act is determined to have significantly lowered the risk of re-offending by completing a sexual assault treatment program;