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(영문) 서울중앙지방법원 2020.11.18 2020고단6476
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Criminal facts

1. Around 08:00 on August 6, 2015, the Defendant committed an indecent act against the victim B (V) committed an indecent act on the part of the victim, setting a fixed amount in the handbag of the victim’s knife in the front line, which was operated from subway No. 2 line quarantine to the watch station in the front line of the subway No. 2 line quarantine.

Accordingly, the defendant committed an indecent act against the victim in the populated electric vehicle.

2. On February 22, 2018, the Defendant, on the part of the victim C, committed an indecent act against the victim C on February 22, 2018: (a) around a street car operated in the large forest zone of subway No. 2 lines of subway No. 30, the Defendant: (b) pushed the victim’s body in the rear side, such as the victim C in the scar of the scarb; and (c) checked the victim’s body in the rear side; and (d)

Accordingly, the defendant committed an indecent act against the victim in the populated electric vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of statement made by the police in relation to B and C, respectively;

1. As a result of DNA personal information inquiries, the status of persons who correspond to the results of DNA comparisons, and the application of Acts and subordinate statutes for investigation reporting (suspects specific);

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 each fine under Article 11 of the former Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 before order to complete a program (Amended by Act No. 14412, Dec. 20, 2016); the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc

1. The defendant's crime of sentencing reasons under Article 334 (1) of the Criminal Procedure Act is not good in light of its circumstances, contents, etc., and the defendant has been punished for the same kind of crime.

However, the defendant was committed against his mistake while committing a crime, and the victims do not want to punish the defendant by agreement with the defendant.

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