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(영문) 수원지방법원 안양지원 2020.07.24 2020고단696

준강제추행

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 31, 2020, at around 17:24, the Defendant discovered that the victim B (the name of the victim, the female, and the age of 18) was seated at the edge of the seat, thereby unhulling the victim’s sexual organ on either side of the victim’s hand, etc., which is facing the columns, and led to an indecent act of the victim on either side of the victim.

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the state of mental disorder or impossibility.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of Acts and subordinate statutes on internal investigation reports (the analysis of CCTV images, No. 5-1, 5-2 installed inside the 7-ray electric vehicle);

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders; the proviso to Article 49(1) and the proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); (i) the Defendant’s age, occupation, risk of recidivism; the motive and method of committing the instant crime; the method of committing the instant crime; the disclosure order; the disclosure order; the degree and anticipated side effects of the Defendant’s disadvantage due to the order; and (ii) the prevention of sexual crimes subject to registration that may be achieved due to such order; and (iii) the effect of protecting the victims thereof, it is deemed that there are special circumstances where

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse ( November 26, 2019), the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The order of provisional payment;