logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2019.10.10 2019고단2287
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 25, 2019, at around 07:30 on May 25, 2019, the Defendant discovered the victim D (one, half, 20 years old) in the water surface room located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and the 5th floor of soup, and accumulated the Defendant’s sexual organ in the victim’s side, leading the victim’s sexual organ to the her part, and led the victim’s sexual organ to the victim’s her part, and led to the victim’s chest by hand.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. An investigation report (the closure of CCTV images at the scene of the incident);

1. Application of Acts and subordinate statutes of the 112 Reporting Case Handling List;

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

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities ( December 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is that the Defendant again committed the instant crime despite his previous conviction, and that the Defendant is not undermining sexual humiliation or mental shock at the time of the indecent act.

However, the fact that the defendant recognized the crime of this case and reflects the wrongness, that the victim does not want the punishment of the defendant, that the disease, such as shock disorder, etc., seems to have affected a certain part of the crime of this case, and the treatment is currently in force, and other conditions of the punishment in the records and trials, such as the defendant's age, character and conduct, family relationship, health conditions, and circumstances before and after the crime, etc., shall be determined as ordered by taking into account the following factors.

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.

arrow