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(영문) 서울동부지방법원 2020.08.20 2020고단1994
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 23, 2020, the defendant around 17:15, Seongdong-gu Seoul Metropolitan Government Macheon subway 300 under the ground of the king of 300 subway 5, the subway 5, the subway 8, which passed the king of the king of Seongdong-gu, Seoul, and caused the victim's name bucks (the second half of the 20th century) in the name and bucks of the victim who suffered the red fucks (the second half of the 20th beginning) sitting in the next place while under the influence of alcohol.

Accordingly, the defendant committed an indecent act on people in a concentrated place such as means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of notification lists of departments related to reporting each 112 Incident to Acts and subordinate statutes (such as statements by reporters, subway security officers, and police officers in mobilization to the scene);

1. Article 11 applicable to the relevant criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264, May 19, 2020) that have been chosen to punish a sexual crime;

1. Article 62 (1) of the Criminal Act ( considered as the following favorable circumstances):

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

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive with respect to the facts constituting a sex offense subject to registration under Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main text of Article 59-3(1) of the Welfare of Disabled Persons Act; and Article 42(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the same Act; thus

The reason for sentencing is that the defendant is punished for the crime of indecent act by compulsion or bodily injury by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by the victim.

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