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(영문) 서울동부지방법원 2019.11.29 2019고단2517
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Punishment of the crime

On May 28, 2019, around 22:47, the Defendant boarded at a bus stop located in Gangdong-gu Seoul Metropolitan Government Sung 2-dong, a bus stop located in a public transportation means C, and pushed down the elbow on the side side of the victim D (one st, the 16-year old), seated in the bus stop located in 1369 as Seoul Gangdong-gu, Gangdong-gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of D;

1. The report on internal investigation (No. 4 times in order);

1. Application of the provisions of the Acts and subordinate statutes on CCTV images and CCTV images screens by vehicle, CCTV images to each other;

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47(1) and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of personal information under Article 334(1) of the Criminal Procedure Act; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (where special circumstances exist that may not disclose personal information in light of the Defendant’s age, occupation, risk of repeating a crime; motive, method, consequence and seriousness of the crime in this case; the degree and anticipated side effects of the Defendant’s disadvantage due to an order to disclose or notify the information; the preventive effect of the sexual crime subject to registration that may be achieved; the effect of protecting the victims; etc.), the Defendant’s age, family environment and social relationship, power, details and motive of the crime; the method and consequence of the crime;

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