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(영문) 서울서부지방법원 2020.09.16 2020고단1913
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On February 19, 2020, the Defendant committed an indecent act against the victim by using mixed gapss in the subway 2 lines that move from the shift station to the new forest station at around 20:46 on February 19, 2020.

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

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the police statement concerning B of the suspect examination of the accused to the prosecution;

1. A B (alias) statement;

1. Reports on internal investigation (to hear statements from victims);

1. Application of CCTV-related Acts and subordinate statutes to a report on internal investigation (fences, such as the generated site) and to caps;

1. Article 11 of the Act on the Punishment, etc. of Sexual Crimes under the relevant Act on the Punishment, etc. of Sexual 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. 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. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex crime subject to registration under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency under

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, proviso to Article 49(1) and proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse shall be comprehensively taken into account the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process, disclosure order or notification order, the degree of disadvantage the Defendant suffers, the prevention of sex crimes subject to registration that may be achieved therefrom, and the effect of protecting the victims.

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