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(영문) 서울서부지방법원 2019.11.27 2019고정758

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On July 10, 2019, the Defendant: (a) around 18:09, at the subway 2 subway stations located in Yeongdeungpo-gu Seoul Metropolitan Government, and (b) on July 10, 2019, caused the gap of around the subway 2 lines located in the subway lines located in Yeongdeungpo-gu Seoul Metropolitan Government, by using the gap of congested around the subway lines outside the subway lines.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police;

1. Reports on internal investigation (related to the preparation of a written statement of reference);

1. Application of Acts and subordinate statutes of investigation report (the attachment of cd and photographic images);

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a conviction on a sex offense subject to registration becomes final and conclusive in the judgment, which is a sex offense subject to registration, under Article 334(1) of the Criminal Procedure Act, the defendant is 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 defendant is obligated to submit basic personal information to the head of a related agency

In full view of the Defendant’s age, occupation, risk of repeating a crime, details and background of the crime, method and consequence of the crime, seriousness of the crime, criminal records, disclosure order or notification order, employment restriction order, etc., the degree and expected side effects of the Defendant’s disadvantage to be borne by him/her, the prevention and effect of sexual crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims thereof, etc., personal information shall be personal information pursuant to Articles 47(1) and 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), the proviso to Article 59-3(1) proviso to the Act on Welfare of Children