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(영문) 서울남부지방법원 2020.05.20 2020고단23
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

On August 13, 2019, at around 18:47, the Defendant: (a) placed the subway lines of 5 subway lines in Yeongdeungpo-gu Seoul, Seoul, on the front side of 1 line C, the subway lines of 5 subway lines in Yeongdeungpo-gu, Seoul, on the front side of the victim D (one name, half the age of 26) and then placed the left hand in the part of the victim, and got her her k's k's k' or part

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of five-dimensional CCTV analysis photographs to the Acts and subordinate statutes; and

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. In light of the favorable circumstances, such as the confession and reflection of a crime by the defendant for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the fact that there is no record of criminal punishment, and the attitude and method of indecent act, etc., the crime is not easy, and the damage has not been recovered, and all the conditions of sentencing, including the defendant’s age, character and conduct, environment, motive and circumstance of the crime, and the situation before and after the crime, etc., shall be determined as per the order.

Where a conviction on a crime subject to registration becomes final and conclusive in the judgment that is a sex offense subject to registration, the accused is a person subject to registration of personal information in accordance with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to the competent agency pursuant to Article 43

The defendant's age, occupation, criminal records, risk of recidivism, type of crime, motive, process, seriousness of crime, order of disclosure or notification, order of employment restriction, the degree of disadvantage suffered by the defendant due to the order of disclosure or notification, the effect of preventing sexual crimes subject to registration which can be achieved due to such order, and the victim.

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