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(영문) 서울중앙지방법원 2020.12.17 2020고정2023
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On April 29, 2020, at around 08:45, the Defendant, a new distribution in Seocho-gu Seoul Metropolitan Government, was proceeding to sloping Station 9 of subway line 200 underground as a sloping station, after even attached to the victim B, such as the victim B (a name, female, 29 years old)'s left-hand side, and pushed down his sexual flag, buckbucks, etc. on the left-hand side of the female.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. Application of Acts and subordinate statutes to a criminal investigation report (verification of documentary evidence and images to a suspect and closure photographs);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) concerning the crime

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 and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has a history of having received a disposition of suspension of indictment on condition of education for the same kind of crime, and that the defendant commits an indecent act in a manner that helps the body of the victim in the mixed subway.

However, it is somewhat favorable that the above victim does not want the punishment of the defendant due to the agreement with the victim B (the name of the victim) after the defendant was charged with all of the crimes.

In addition, considering the sentencing conditions prescribed in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive and consequence of the crime, the circumstances after the crime, etc., the defendant is selected to be punished in the same manner as that of the defendant's punishment

On the criminal facts of a sex offense subject to registration, the personal information shall be registered and submitted.

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