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(영문) 서울동부지방법원 2021.01.22 2020고단3627
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On August 14, 2020, around 19:18, the Defendant 8 subway lines B located in Gangdong-gu Seoul Metropolitan Government, and her knife, in front of the stairs near the opening entrance in Gangdong-gu Seoul Metropolitan Government, the victim D (the knife, the knife, the knife, the knife, the knife, the knife) was

Accordingly, the Defendant committed an indecent act against the victim in the subway history, which is a place where the public is concentrated.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made in relation to D;

1. Reports on internal investigation (verification of the number of transportation cards used by the suspected person);

1. Application of the Acts and subordinate statutes to report on investigation (the attachment of photographs of suspects and victims);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 21 (2) of the Act on the Protection of Children against Sexual Abuse;

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

1. There are special circumstances in which the disclosure or notification of personal information may not be made in light of the Defendant’s age, occupation, risk of recidivism, type of and motive for the instant crime, process of the instant crime, the degree of disadvantage and anticipated side effects of the Defendant’s entry due to the disclosure or notification order, the prevention of sex offenses subject to registration that may be achieved, and the effect of protecting the victims, etc., in full view of the aforementioned:

[Determination]

1. The proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3(1) of the Welfare of Persons with Disabilities Act (the age, family environment, and social ties of the defendant, records of the crime, details and motive of the crime, method and consequence of the crime, risk of recidivism, risk of recidivism by an employment restriction order, the disadvantage of the defendant's entry and the effect of preventing sexual crimes that may be achieved therefrom, etc. shall not be restricted to the employment of the defendant.

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