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(영문) 부산지방법원 2020.01.15 2019고단5373

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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

1. On July 9, 2019: (a) around 08:20 on July 11, 2019, the Defendant committed an indecent act at a public smuggling place by using the gap in which passengers are mixed in the crepans of the part of the victim B (nivers, 37 years of age) in the front line of the Busan subway No. 1 Line (Danpo Station) and the front line of the 6 column of the 11st day of the same month.

2. On November 1, 2019, around 08:28, the Defendant committed an indecent act at a place under Paragraph 1 (b) at a place (in the discharge from active service) and at a victim C (in the same manner as described in paragraph 1, the Defendant committed an indecent act at a public densely-populated place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning C and B;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof;

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Where a judgment of conviction against a defendant on the criminal facts stated in the judgment that a provisional payment order should be registered and submitted pursuant to Article 334(1) of the Criminal Procedure Act becomes final and conclusive, 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 is obliged to submit personal information

In full view of the Defendant’s age, occupation, risk of recidivism, type of crime, motive, process of crime, seriousness of crime, disclosure order, notification order and employment restriction order, the degree of disadvantage and anticipated side effects that the Defendant may suffer, the effect of preventing sex crimes that may be achieved therefrom, and the effect of protecting the victims thereof, etc., the Defendant is subject to Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.