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(영문) 서울중앙지방법원 2019.08.29 2019고단3179

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On February 22, 2019, around 13:30 on February 22, 2019, the Defendant: (a) committed an indecent act against the victim at a location where the victim D (Woo, 31 years of age) knbs the mared with her seat of the subway station 1 subway station C, which is located in Jongno-gu Seoul Metropolitan Government, with her hand, her knb

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of the Acts and subordinate statutes concerning CCTV closure photographs;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Criminal Crimes;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to order to complete a program is that the defendant committed an indecent act against the victim on the part of the subway waiting room in the subway waiting room, and the degree of indecent act is not good.

However, it is decided as per Disposition by taking into account the defendant's age, character and conduct, environment, motive and result of the crime, circumstances after the crime, etc., which are stipulated in Article 51 of the Criminal Act, as well as the fact that the defendant has no record of being punished for the same kind of crime, although the defendant denied the crime by the investigative agency, the whole time of the crime and reflects it

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the defendant is 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 thus is obligated to submit personal information to the competent agency pursuant to Article 43

The defendant is not subject to punishment for the same kind of crime, the defendant's age, social relationship, details and methods of the crime, circumstances after the crime is committed, and the risk of recidivism of sexual crime is likely to be low, and the defendant shall be prevented from repeating the crime only by completing the registration of personal information and the sexual assault treatment program.