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(영문) 인천지방법원 2021.03.11 2020고정337
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

On September 10, 2019, at around 08:46 around 08:46, the Defendant took aboard the 1st century and went to the Gu route, used the congested gap in the 5-4 column of the speed 5-dong 1, the Defendant repeated that the Defendant was tightly pushed off and pushed off the victim B (the 22-year old) by using the arms and side glass, etc., and repeated the Defendant committed an indecent act in the same manner at the same time and place on October 14 of the same year.

As above, the Defendant committed an indecent act that may cause sexual humiliation, such as contact with the victim’s body, within the congested brupted vehicle.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Act and subordinate statutes to the witness B’s legal statement (the defendant’s act, content of damage, the victim’s perception and response, the consistent and detailed statement about the situation before and after the commission of the crime, the circumstances in which the victim’s statement is false, and the credibility is recognized in light of the victim’s attitude of statement in this court)

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 202) and Article 11 of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, each of which is applicable to criminal facts and the selection of fines, respectively.

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 2 of the Addenda to the Act on the Protection of Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3(1) of the Welfare of Persons with Disabilities Act;

1. Where a conviction becomes final and conclusive against a sex crime subject to registration and submission of personal information under Article 334(1) of the Criminal Procedure Act, the Defendant becomes 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 in accordance with Article 43(1) of the same Act.

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