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(영문) 수원지방법원 2017.10.19 2017고단4593

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 May 12, 2017, the Defendant, at around 22:10, operated in the vicinity of the Gyeong-si, Man-si, Man-si, Doz., the Defendant used the victim D (a name, boom, 24 years old) who was seated next seat, in his hand.

Accordingly, the defendant committed an indecent act on the victim in a bus which is a means of public transportation.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness D;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police with respect to D;

1. A report on internal history, CCTV images of buses, and images of the CCTV images of buses;

1. Photographs submitted to victims;

1. Application of the Acts and subordinate statutes, including photographs attached to the investigation report (the confirmation of the date of photographing the images);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Fines concerning the crime;

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

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument was that the Defendant was divingd as he was on board a bus under the influence of alcohol, and the Defendant’s hand was able to contact the victim’s bucks, but there was no fact that the Defendant intentionally bucks the victim.

2. The following circumstances, which are acknowledged by the evidence duly adopted and examined by this court, i.e., ① the victim was committed an indecent act from the Defendant as consistently stated in the above facts constituting a crime in the investigative agency and this court.

Specifically, the victim has made a statement, and there is no reason to make a false statement that causes harm to the defendant until the victim is punished for perjury, and in light of the victim's attitude to make a statement in this court, etc., the victim has credibility in the statement. ② The victim is the defendant's person who is seated next to the victim.