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(영문) 서울북부지방법원 2016.04.14 2015고단2646

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 February 15, 2015, at around 18:50, the Defendant laid down the right chest of the victim C (Woo, 15 years old, 15 years old), who was sitting down at the 3-2 candle in the direction of diving 457 2 candle-ro, Jung-gu, Seoul, Jung-gu, Seoul, with the direction of diving 3-2 candle-dong.

Accordingly, the defendant committed an indecent act against the victim within the former train which is a means of public transportation.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by C by the witness in the fourth public trial protocol;

1. The police statement protocol against C (the defendant and his defense counsel asserted that the defendant did not turn the victim's chest into his hand.

However, in light of the fact that the victim's statements are consistent and specific about the defendant's act, contents of damage, the victim's perception and response, the situation before and after the crime, and that there are no other circumstances to be falsely inserted in the victim's statement, it is recognized that the defendant's act is not a friendly physical contact but an intentional indecent act in light of the victim's statement.

Therefore, the facts charged of this case are fully recognized).

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

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

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

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; (b) the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship; (c) the risk of recidivism; (d) profits and preventive effects expected from the disclosure order and notification order of this case; and (e) disadvantages and side effects therefrom, the Defendant’s personal information is disclosed.