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(영문) 인천지방법원 2020.10.08 2020고단6775
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 1, 2020, the Defendant: (a) around 14:21, at the C Station 5 line platform located in Yeongdeungpo-gu Seoul Metropolitan Government, and (b) after the victim D (the name of the victim, the leisure, and the age of 25) waiting for subway to get off the subway, the Defendant Dara was her but the victim's her butt will was her part of her part.

Accordingly, the defendant committed an indecent act against the victim at a place where public transportation is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the law of the report of internal investigation (No. 3, 5) to D police statements;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the selection of fines concerning the relevant criminal facts and the selection of punishment for sexual crimes

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

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognize the defendant's mistake, the fact that there is no record of punishment for the same kind of crime, the degree of indecent act is very serious, and the defendant's age, character and conduct, environment, family relationship, etc. shall be determined as stated in the order, taking into account all the circumstances of sentencing including the defendant'

Where a conviction becomes final and conclusive for a crime in which personal information is to be registered and submitted, 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 is obligated to submit personal information to the head of a related agency pursuant to Article

Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notice Orders and Employment Restriction Orders; proviso to Article 49(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 16622, Nov. 26, 2019); proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 17282, May 19, 2020); proviso to Article 50(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse.

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