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(영문) 수원지방법원 2017.05.29 2016고단7895

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 24, 2016, around 23:10 on October 24, 2016, the Defendant: (a) sealed the body of the victim E (24 years) who was seated adjacent to the D metropolitan bus that has come to a water source in Seoul Station; (b) pushed the victim’s hand by the victim’s own hand; (c) thrhs on three to four occasions by the victim’s hand; (d) the victim buckbucks to the victim’s left side; and (e) the victim crebbbbbbbbbbbs inside the crebbbbbbbbbs, and rhs down the victim’s sexual part up to the part next to the victim’s sexual flag.

Accordingly, the defendant committed an indecent act on the victim in a bus used by the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness E, F and G;

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

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 sentences of Article 16 (2) and (3) 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/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. Summary of the assertion

A. The Defendant had no intention to compel the victim to commit an indecent act.

B. At the time, the Defendant was under the influence of alcohol and was in a state of mental or physical disability or mental disability.

2. Determination

A. The following circumstances revealed by the evidence revealed prior to the determination as to whether a forced indecent act was committed, namely, the Defendant’s appearance of the act and the circumstances at the time of the indecent act, the relationship between the Defendant and the victim, and the process of detection of the instant case, had the intent to commit an indecent act by force against the Defendant.

It is reasonable to view it.

1) The victim reported 112 immediately immediately after the instant case, and at the time, the content of the report is also an indecent act against another passenger.

“.....”

At the time of the act of the defendant, the appearance of the defendant, and the words and behavior of the defendant before and after the act.