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(영문) 의정부지방법원 2020.10.15 2020고정1353
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

피고인은 2020. 7. 2. 22:25경 지하철 1호선 덕정역에서 지행역 사이를 운행 중인 지하철 7-3번째 객차 안에서, 잠이 든 피해자 B(가명, 여, 24세)의 옆 자리에 앉아 팔짱을 낀 후 왼손으로 핸드폰을 만지는 척 하며 오른손으로 피해자의 우측 팔 부위를 만지고 피해자의 티셔츠 안으로 손을 집어넣어 우측 팔뚝 부위를 만져 강제로 추행하였다.

Accordingly, the defendant committed an indecent act against the victim in the subway which is a concentrated means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police with regard to B;

1. Application of the police protocol of statement C to the Acts and subordinate statutes;

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. Restriction on employment of children and juveniles-related institutions, etc. subject to employment restriction: The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse on employment of welfare facilities for persons with disabilities: The main sentence of Article 59-3

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) are the circumstances favorable to the defendant, such as the fact that the defendant acknowledged the facts charged in the instant case and reflects his mistake, and that the defendant has yet to be aged and has no record of criminal punishment

However, the crime of this case was committed by the Defendant by force by force by force, such as the Defendant, seated on the side of subway, locked away from the victim’s strings, leaving the strings, etc., and the nature of the crime is considerably poor in light of the circumstances and contents of the crime. The crime of this case appears to have been committed by the victim, the Defendant did not agree with the victim, and the Defendant did not reach an agreement with the victim.

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