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(영문) 의정부지방법원 고양지원 2020.04.16 2020고단110

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

If the above fine is not paid, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

At around 08:00 on September 9, 2019, the Defendant was moving to the 8 square meters of the Central Line, and the electric dong was later followed by the victim D (a name, leisure, age 26) by the passage of the vicinity of the C Station located in Eunpyeong-gu Seoul Metropolitan Area.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning D police statements;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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 to disclose or notify information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. In light of the Defendant’s age, family environment, and social ties, records of crimes, details and motive of crimes, methods and consequence of crimes, risk of recidivism, risk of recidivism by an employment restriction order, disadvantage suffered by the Defendant and effectiveness of sex crimes that may be achieved therefrom, etc., the employment of the Defendant shall not be restricted in full view of the proviso of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, proviso of Article 59-3(1) of the Act on Welfare of Persons with Disabilities.