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(영문) 수원지방법원 안양지원 2020.07.24 2020고단86
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On August 30, 2019, around 19:13, the Defendant carried the victim’s shoulder and body in front of the entrance, as he sawd the victim’s shoulder from behind the victim B (a person, a person who was aged 24) who was in front of the entrance, and kidddly carried the victim’s body into the victim.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Legal statement of the witness B;

1. The application of Acts and subordinate statutes to criminal investigation reports, investigative reports, and hearing statements by persons who fall under any of the above categories;

1. Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines for Crimes (amended by Act No. 17264 of May 19, 202)

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order of disclosure, an order of notification, and an order of employment restriction, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 56(1), the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (in light of the Defendant’s age, occupation, risk of recidivism, motive of the instant crime, method of the crime, order of disclosure, order of disclosure, notification and employment restriction order, the degree and anticipated side effects of the Defendant’s disadvantage caused by such order, the prevention of sexual crimes subject to registration that may be achieved, and the effect of protecting the victims thereof, it is deemed that there are special circumstances that the disclosure and notification of

1. Judgment on the assertion by the defendant and his defense counsel under Article 186(1) of the Criminal Procedure Act

1. The defendant and the defendant.

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