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(영문) 인천지방법원 2019.09.19 2019고정915
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

On October 18, 2018, at around 18:50, the Defendant: (a) accessed from subway No. 1 in the subway No. 151, the subway No. 1 in Dongjak-gu Seoul Metropolitan Government, to the front-time route, the offline of the victim B (hereinafter “this train will go to Incheon”); (b) ring the horse, the Defendant she saw the victim’s left shoulder by hand, sent the victim’s hand several times; and (c) buckbucks to the victim’s left side by hand, etc.; (d) even though the victim was seated beside the victim, the Defendant committed an indecent act against the victim, such as the victim’s shouldered by the seat of the victim, and her shouldered the shoulder by hand.

Accordingly, the Defendant committed an indecent act against the victim in the electric car, which is a place of public secrecy.

Summary of Evidence

1. The legal statement of the witness C;

1. Application of Acts and subordinate statutes to report on investigation (the case of confirming the victim and suspect after the occurrence of the 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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act ( December 11, 2018), the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Where a judgment becomes final and conclusive on the duty to register and submit 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 the defendant is obligated to submit personal information to a competent agency pursuant to Article 43

The age, occupation, risk of recidivism, type of crime of this case, motive, process, seriousness of the crime, and degree of disadvantage of the defendant resulting from the disclosure order or notification order.

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