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(영문) 수원지방법원안양지원 2020.08.19 2020고단1059
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 23:30 on February 4, 2020, the Defendant committed an indecent act against the victim in the means of public transportation by using the buckbucks on the left side of the victim B (n, 20 years old) who sits in the front side of the subway line No. 4, the subway No. 750, moving from the gold stations located in Si/Gun, Si, Gun, Si, Gun, to the mountain basin, leading to the mountain basin.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to the investigation report (specific case);

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. Where a conviction becomes final and conclusive on the criminal facts stated in the judgment that should be registered and submitted with personal information under Article 334(1) of the Criminal Procedure Act, 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

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 50(1), and Article 56(1) of the Act on Special Cases concerning the Protection, etc. of Children and Juveniles against Sexual Abuse, in full view of the following: (a) the Defendant’s age, force, character, character and conduct, environment, risk of recidivism, details and motive of the crime, the method and consequence of the crime, seriousness of the crime, the degree and anticipated side effects of the disadvantage the Defendant may sustain; (b) the effect of preventing sexual crimes that may be achieved therefrom; and (c) the Defendant shall not disclose and notify personal information or order employment restriction.

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