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(영문) 서울중앙지방법원 2020.01.17 2019고정2472

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On August 27, 2019, around 09:10 on August 27, 2019, the Defendant met the part of the victim by making 3 to 5 the Defendant’s damage, etc. inside the electric trains in the subway line B stations located in Seoul Special Metropolitan City, which are operating in the C Station from the subway line B stations to the C Station.

2. 피고인은 같은 일시, 장소에서, 자신의 우측에 서 있는 성명불상의 피해자(여, 20대 추정)의 음부에 주먹을 쥔 자신의 오른손을 대는 방법으로 피해자의 음부를 만졌다.

Accordingly, the defendant committed an indecent act against the victims in the previous car, which is a place where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (limited to images scopic by control police officers and to the closure photographs thereof);

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment, which is subject to the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act, the defendant is subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to the head of

The defendant's age, occupation, risk of recidivism, motive of the crime in this case, method of crime, seriousness of the crime, disclosure notification and employment restriction order, the degree of disadvantage and anticipated side effects of the defendant's entrance due to the defendant's disclosure and notification of personal information, the effect of preventing sexual crimes subject to registration, the effect of protecting the victim, etc. shall be comprehensively taken into account.