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(영문) 청주지방법원 2017.08.30 2016고단2827

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

If the defendant does not pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

(1) On August 3, 2016, the Defendant committed the crime of August 3, 2016, on board C urban bus around 18:30 on August 3, 2016, when the Defendant was passing in front of E in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, and was seated, even on the side of the victim F (def, f, 18 years of age) who was seated in the seat, and committed an indecent act on the victim’s sexual organ at a place where the public is densely concentrated.

The Defendant committed the crime of August 20, 2016, on the 19:25 August 20, 2016, on board the Ccity bus and committed an indecent act against the victim at a place where the public is densely concentrated by means of large-scale and raining, even though he was in the side of the victim I (V, 18 years of age) seated in the seat, while the Defendant was in the vicinity of H high school located in B in the Cheongju-si Office G, the Defendant committed an indecent act against the victim at the seat of the victim I (V, I).

(1) On August 27, 2016, the Defendant, on August 27, 2016, on board Ccity bus around 16:20 on August 27, 2016, committed an indecent act against the victim in a densely concentrated place in a place where the victim’s sexual organ was shouldered, even though he was on the side of the victim’s L (V, 15 years of age) who was seated in the seat, while the Defendant was passing through the K Park in a considerable jurisdiction over the Cheongju City.

Summary of Evidence

The Defendant’s partial statement witness F, I, L’s statutory statement, F, I, F, I, and B’s police’s statement protocol on the police interrogation protocol on L’s statement, which was made by the police for the Defendant’s partial statement, was not intended to commit an indecent act although the Defendant was physically contacted, but was not intended to commit an indecent act.

However, considering the contents of the witness's statement, the defendant's behavior taken in CCTV, the inside situation of the bus at the time, and similar circumstances, there is the intention of committing indecent act against the defendant.

[A] Application of the statute

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

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

3. Article 70 (1) and Article 69 (2) of the Criminal Act for the attraction of a workhouse.

4. Order to complete a program under the Criminal Act.