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(영문) 서울동부지방법원 2019.01.04 2018고단3389
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 27, 2018, at around 22:15, the Defendant committed an indecent act against the victim, such as rain, etc., with the Defendant’s sexual flag attached even after the victim E (a family name, female, and age 22) in C Bus (D) that was in the vicinity of Jongno-gu Seoul Metropolitan Dongdong on June 27, 2018.

Accordingly, the Defendant committed an indecent act on people in public transportation means, public performances, assemblies, and other densely-populated places.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E;

1. Each report on internal investigation (No. 7,10) and each investigation report (No. 12,13).

1. A detailed statement by vehicle;

1. Application of the Acts and subordinate statutes governing CCTV video recording CDs and CCTV images;

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. Article 47(1) and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure of personal information under Article 334(1) of the Criminal Procedure Act, and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (i.e., the Defendant’s age, occupation, risk of repeating a crime, motive, method, consequence and seriousness of the crime in this case, the degree of disadvantage and anticipated side effects of the Defendant’s entrance due to an order to disclose or notify the information, the preventive effect of the sexual crime subject to registration that may be achieved, the effect of protecting the victims, etc.), shall not be restricted in considering comprehensively the Defendant’s age, family environment and social relationship, records of the crime, details and motive of the crime, method and consequence of the crime, etc.

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