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(영문) 서울북부지방법원 2020.10.16 2020고단2693

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. 피고인은 2019. 10. 8. 08:10경에서 08:30경 사이 서울 강북구 월계로 173 북서울 꿈의 숲 인근을 지나는 B 버스(C회사) 안에서, 피해자 D(가명, 여, 19세)의 뒤쪽으로 밀착한 다음 피해자의 엉덩이에 피고인의 성기를 비볐다.

Accordingly, the defendant committed indecent acts against the victim in public means of transportation.

2. On October 10, 2019, the Defendant committed an indecent act against the victim in any means of public transportation in the same manner as the foregoing paragraph 1, between around 08:0 and around 08:20, the Defendant, within the B bus (C) that passes around the 173 North Seoul Northern-ro, Seoul Northern-ro.

Summary of Evidence

1. The defendant's legal statement (on the second date);

1. Application of Acts and subordinate statutes to report internal investigation of the police statement of D (on the spot CCTV verification), investigation report (related to requests for cooperation by the C company), investigation report (related to requests for cooperation by the C company), and investigation report (detailed bus use details);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the selection of a fine, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) requires the Defendant to repeatedly commit an indecent act against a young female who does not have any awareness in the bus on two occasions. In light of the number and degree of indecent act, the circumstances leading up to the crime, etc., the crime’s liability is not easy.

The victim did not agree with the victim, or did not receive any instruction from the victim.

However, it is advantageous to the fact that the defendant has recognized his mistake and has no record of punishment for the same kind of crime.