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(영문) 서울남부지방법원 2020.04.22 2020고단32
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

A part of the facts charged was modified according to the facts found by the investigation of evidence.

On October 25, 2019, at around 08:25, the Defendant followed the victim D (n, 23 years of age) boarding the train from the C Station platform located in Guro-gu Seoul Metropolitan Government, and committed an indecent act against the victim at the subway, which is a place where the public is concentrated, with the victim's am and am.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes to report on investigation (related to hearing statements by victims);

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. Even though the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has been recorded in the same offense, re-offending is an unfavorable circumstance, or the defendant has been led to the confession of the defendant, the victim does not want the punishment against the defendant, the victim is receiving treatment of the mental illness caused by depression and shock disorder and shows active treatment intent, and there is no heavy criminal power except for the punishment sentenced once a crime is punished once by a fine, and all other sentencing conditions such as the defendant's age, character and behavior, environment, etc. shall be determined as per the disposition.

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 results and crime and order of disclosure is exempted from disclosure and notification order.

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