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(영문) 서울동부지방법원 2020.04.09 2019고단4033
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 18, 2019, while the Defendant was under the influence of alcohol on October 17:40, 2019, while getting on and off the route number C urban bus (vehicle number D) operating the front road of Seongdong-gu Seoul Metropolitan Government, the Defendant returned to her rear seat the victim E (Ga, f, 33 years old) who was seated on her rear seat, and the victim neglected this, the Defendant called “ must”, and said, “for example, I am bad” to the victim.

As a result, the Defendant committed an indecent act on the victim in public transportation, public performance and assembly places, and other densely-populated places.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E (alias) and F;

1. Application of investigation reports (the confirmation of CCTV inside buses - Application of Acts and subordinate statutes to the CCTV-cape of attached buses);

1. Relevant Articles on criminal facts and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes;

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;

1. Where a conviction of a sex offense subject to registration becomes final and conclusive on the judgment that is a sex offense subject to registration under Article 334(1) of the Criminal Procedure Act, 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 relevant agency as prescribed in Article 43

Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on the Protection of Children and Juveniles against Sexual Abuse, comprehensively taking into account the following factors: (a) the Defendant’s age, occupation, risk of recidivism, type of the instant crime, process of the crime, disclosure order, notification order, the degree of disadvantage the Defendant was placed and the effect of preventing sexual crimes subject to registration that may be achieved due to such order; and (b) the protection of the victims thereof.

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