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(영문) 서울북부지방법원 2020.01.30 2019고단4211
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In order to work as a company member, the defendant is a person boarding the subway 4 line oil station and getting out of the 3 line shift station, and the victim is a woman boarding the 4 line oil station.

At around 08:10 on May 7, 2019, the Defendant committed an indecent act that makes the victim feel sexual humiliation at a location where the victim F (20 years of age, female) was pushed down several times at the part of the victim’s amb, etc., even though there is sufficient space to be avoided within the ambane between E stations located in Gangnam-gu Seoul, Gangnam-gu, Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim in F prepared statement;

1. Letters of arrest;

1. Criminal evidentiary images;

1. The application of statutes to prepare and report a record book;

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. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of the sentencing of the instant crime, which led to the instant crime, requires strict punishment in consideration of the victim’s sense of sexual humiliation.

In addition, the defendant was unable to receive a letter from the victim.

However, the defendant recognized the crime of this case and reflects the wrongness, the first offender who has no record of criminal punishment, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, occupation, family relationship, and circumstances before and after the crime, shall be determined as ordered by the order.

Where a conviction of a criminal fact in the judgment that is subject to registration and submission of personal information is finalized, the defendant is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 43 (1) of the same Act

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