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(영문) 수원지방법원 안양지원 2021.02.03 2020고단2057

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 15, 2020, around 18:50 on May 15, 2020, the Defendant contacted the victim's right-hand side bucks and maris on the left-hand side of the victim B (M, I), who was suffering a short fright-hand horse within the reverse dump dump dump 9-ray dump dump dump dump dump dump dump dump dump dump.

Accordingly, the defendant committed an indecent act against the victim in the subway which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to report internal investigation (related to the preparation and submission of a victim's statement), investigation report (limited to images raised by a controlling police officer, and attaching images to such images);

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 fines concerning the crime

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Where a conviction becomes final and conclusive on the facts constituting an offense subject to the registration and submission of personal information under Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 59-3(1) main sentence of the Act on Welfare of Persons with Disabilities, 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 thus, is obligated to submit personal information to a competent agency pursuant to Article 43

When comprehensively considering the Defendant’s age, power, risk of repeating a crime, details and motive of a crime, method and seriousness of a crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of a sexual crime subject to registration that may be achieved therefrom, and the protection effect of the victim, etc., the Defendant may not disclose personal information.