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(영문) 의정부지방법원 2020.06.11 2019고단5203

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

피고인은 2019. 10. 4. 09:20경 서울 동작구 노량진로 130, 노량진역 부근을 지나가는 9호선 급행열차 6-2칸 내에서 사람이 혼잡한 틈을 이용하여 피해자 B(가명, 여, 27세) 뒤로 다가간 후 바짝 밀착한 상태로 자신의 성기를 피해자의 엉덩이 부위에 수회 비볐다.

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. Application of the police protocol protocol law to B

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 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 an order of disclosure, an order of notification, and an order of restriction on employment, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (the following circumstances recognized as recorded: (i) the defendant recognizes and reflects the instant crime; (ii) the defendant agreed upon with the victim; (iii) the registration of personal information and the completion of sexual violence treatment programs are deemed to have the effect of preventing the recidivism of the defendant to a certain extent; and (iv) other special circumstances such as the defendant's age, occupation, family environment, social relationship, criminal record and recidivism; the risk of disclosure, notification order, the benefits expected by the order of restriction on employment; and disadvantages and side effects expected by such order).

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the instant case.