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(영문) 서울북부지방법원 2019.06.20 2019고단42
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence against the accused shall be determined by a fine of KRW 3,00,000.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

On June 29, 2018, around 08:20, the Defendant left the subway line 4 lines located in Jung-gu Seoul Metropolitan Government, after the victim D (n, 29 years of age) who stops in the subway line 4 lines located in Jung-gu, Seoul, for transfer, and turned down the victim's right hand, with his left hand.

Accordingly, the defendant committed an indecent act against the victim within the populated dynamics with the public.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to report internal investigation (the details of the receipt of the case, CCTVs in the C Station No. 4 of the victim's statement/ subways), investigation reporting (to hear the statements of victims);

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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, the risk of repeating a crime, the profits expected due to an order of disclosure or notification or an order of restriction on employment, and the disadvantages and side effects, etc., the disclosure or notification of the Defendant’s personal information or the Defendant’s employment should not be restricted, in light of the following: (a) Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order; (b) the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and (c) Article 56(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record, and recidivism; (d) the risk of disclosure or notification; and

On the other hand, when the defendant comes to this court, it seems that the defendant recognized the crime of this case and reflects it, and there is no record of criminal punishment so far.

The age, occupation, character and conduct, family relationship, and crime of the defendant.

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