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(영문) 수원지방법원 안양지원 2020.05.20 2020고단287

준강제추행

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

On September 21, 2019, around 21:04, at the C bus stops located in Seocho-gu Seoul Metropolitan Government, the Defendant was seated on the side of the victim E (tentative name, leisure, 26 years old) who was seated in the D seat bus operating the Seoul Gunpo Section, and was seated on the side of the five window.

At around 21:42 on the same day, the Defendant continued to discover that the victim was locked, and then became able to cover his knee in the door so as not to knee his knee, and then humbbbbs on the victim’s right side.

Accordingly, the Defendant committed an indecent act against the victim by taking advantage of the victim's mental disorder or non-ffort condition.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of the 112-reported case processing table, CCTV analysis internal photographs, cards used by a suspect, and the Acts and subordinate statutes mentmen at the time of committing the crime;

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

1. Where a conviction becomes final and conclusive on the facts constituting an offense subject to the registration and submission of personal information under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities, the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and thus

The defendant's age, record, risk of recidivism, contents and motive of the crime, method and seriousness of the crime, the degree of disadvantage and anticipated side effects of the defendant's suffering due to the disclosure order or notification order, and the prevention and effect of sexual crimes subject to registration which can be achieved due to such order.