(영문) 서울중앙지방법원 2020.4.17.선고 2019고정2196 판결

The defendant shall be punished by a fine of two million won. If the defendant does not pay the above fine, the defendant shall be confined in a workhouse for a period of one hundred thousand won converted into one day.

To order the defendant to complete the sexual assault treatment program for 40 hours.

In order to order the provisional payment of an amount equivalent to the above fine.

Reasons

Criminal facts

On April 23, 2019, around 18:55, the Defendant: (a) used the gap that is mixed with many passengers in the front line of subway 9 lines operating from the Sinsan Station to the Sinsan Station via the new distribution of Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, in the front line of subway 188; (b) used the gap in the front line of subway 9 lines to the Sinsan Station with a large number of passengers; (c) followed by the victim B (a) the victim’s sexual flag part was pushed off on the part of the victim; and (d) committed an indecent act against the victim by using the sexual flag part on the part of the victim’s her sexual flag. Accordingly, the Defendant committed an indecent act

Summary of Evidence

1. Statements made by witnesses B in the second protocol of the trial;

1. The written statement made by the police against B;

1. Images of video CDs;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Detention in a workhouse;

Articles 70(1) and 69(2) of the Criminal Act

1. Order to complete programs;

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

1. Order of provisional payment;

Judgment on the defendant's argument under Article 334 (1) of the Criminal Procedure Act

1. Defendant's assertion;

The Defendant did not commit any act like the facts charged, and even if the body of the Defendant and the victim were partially contacted, it was inevitable in the previous vehicle, and there was no intention to commit an indecent act against the Defendant.

2. Determination

In full view of the following circumstances acknowledged by the evidence of each judgment, it is reasonable to view that the Defendant committed an indecent act like the facts charged, and that the Defendant had the intent to commit an indecent act against the Defendant at the time.

① According to images taken by enforcement officers at the time of the instant case (Evidence No. 8-1 of the Evidence List No. 8-1), the Defendant and the victim arrived at the moving station at around 3:10 (the player time indicated in the video; hereinafter the same shall apply) while starting at around 4:05-4:10, the moving station at around 7:5-8:00, and arrived at the moving station, which is a stop station. The electric vehicle from around 3:21, immediately after arrival at the moving station, immediately after the electric vehicle arrived at the moving station, the Defendant 3:21, immediately before the electric vehicle arrives at the moving station, and in particular, from around 4:30 to 5:17, the lower part of the Defendant’s body was pushed back to the victim, while maintaining the situation of the victim from around 5:5 to 45:50,500, the Defendant’s moving station at around 5:50,500.

② In this court, the victim stated that the victim's nests, such as the part centering on the body, continue to remain in the direction of the core while moving from the direction of the moving her body in order to prevent the body from being pushed ahead with her but her body from being pushed off, and her body was moved to the future, but the contact with her body was continued later, and the police investigation made a statement to that effect.

③ As seen above, the victim clearly states the details and details of the damage caused by the police investigation to this Court. The content of the statement appears to correspond to the aforementioned video content. Moreover, there is no special motive or reason to make a false statement in this court even when the victim is under the risk of being punished for perjury, etc. In addition, there is no credibility of the victim’s statement.

④ Even though the Defendant was able to avoid physical contact with the victim to the extent that there was an adequate space behind the Defendant at the time of the instant case, even though her body was pushed ahead of the victim’s body, the Defendant continued to her body while moving the victim’s body in order to avoid such physical contact. Such continuous physical contact by the Defendant seems to considerably exceed the level of physical contact ordinarily understandable even if considering the circumstances where the physical contact with the victim was inevitable to a certain extent within the previous vehicle where passengers are concentrated.

The defendant's crime of this case with the reason of sentencing appears to have received a considerable mental impulse, and the defendant did not receive a letter from the victim: Provided, That the defendant has no record of committing any crime prior to this case, and the defendant's age, character, conduct and environment, the circumstances and result of the crime, etc. of this case, and the sentencing conditions specified in the records and arguments of this case, including the circumstances after the crime, shall be determined as ordered, taking into account various circumstances.

Where a conviction becomes final and conclusive on the criminal facts in the judgment that are subject to registration and submission of personal information, the accused 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 competent police office pursuant to Article

Disclosure Order, Notice Order, and Employment Restriction Order

Considering the Defendant’s age, occupation, risk of recidivism, type of the instant crime, motive, process of the instant crime, anticipated side effects and expected side effects of the Defendant’s disadvantage, prevention of the sex offense subject to registration that may be achieved therefrom, and the effect of protecting the victims, etc., it is determined that there are special circumstances where disclosure and notification of the Defendant’s personal information or employment should not be restricted. As such, Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1), Article 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the proviso to Article 59-3(1) of the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the proviso to Article 59-3(1)