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(영문) 서울동부지방법원 2020.09.24 2020고단2318

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

피고인은 2020. 6. 8. 07:58경 서울 광진구 B에 있는 지하철 7호선 C에서 출발하는 온수행 전동차에서 피해자 D(가명, 여, 23세)의 뒤에 서서 피고인의 성기를 피해자의 허벅지에 대고 수회 비볐다.

Accordingly, the defendant committed an indecent act on people in a concentrated place such as means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of Acts and subordinate statutes to the report of investigation;

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. 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 of a sex offense subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, the accused is a person subject to registration of personal information under 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 relevant agency as prescribed in Article 43

In full view of the information disclosure order, notification order, the defendant's age, occupation, risk of recidivism, the type of the crime in this case, the process of the crime, disclosure order, notification order, the degree of disadvantage to the defendant's entry and the effect of preventing sexual crimes subject to registration that may be achieved therefrom, the protection of the victim, etc., the disclosure order, notification order, notification order, and employment restriction order shall not be issued against the defendant pursuant to Article 47 (1) and Article 49 (1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49 (1) of the Act on the Protection, etc. of Children and Juveniles against Sexual Abuse, the proviso to Article 50 (1), the proviso to Article 56 (1), the proviso to

The reason for sentencing is disadvantageous to the victim: The victim is reasonable for committing the crime.