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(영문) 서울동부지방법원 2019.09.26 2019고단2229

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

피고인은 2019. 5. 27. 23:17경 서울 광진구 천호대로 550 소재 건대입구역에서 같은구 능동로 210 어린이대공원역 방향으로 운행하고 있는 7호선 지하철 내에서, 피해자 B(가명, 여, 25세)의 옆 자리에 앉은 뒤, 팔짱을 낀 채 왼손 검지를 펴서 옆자리에 앉아 졸고 있는 피해자의 왼쪽 가슴을 찌르는 방법으로 피해자를 추행하였다.

Accordingly, the defendant committed an indecent act against the victim in the subway which is a means of public transportation.

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 to a report on investigation (fix a screen of a pan-visual image);

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. In light of the type and continued time of indecent act on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, an indecent act is deemed not to be serious in light of the fact that the Defendant committed an indecent act in light of his/her mistake, the Defendant’s penure and reflects his/her mistake, and the primary offender, etc., shall be considered as favorable circumstances, and the fact that the Defendant

In addition, the punishment shall be determined by taking into account the ages, character and conduct, environment, means and results of crimes, relationship with the victim, etc.

Where a conviction becomes final and conclusive due to a crime committed in the judgment on the registration of personal information, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the head of

An order of disclosure, notification, exemption from employment restriction order, age, occupation, risk of recidivism, type of crime in this case, motive, method of crime, order of disclosure of personal information and employment restriction order.