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(영문) 의정부지방법원 2018.03.20 2017고정1317

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 1,500,000 (one million).

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant is a person who gets aboard the train 1 line in the Seoul Metropolitan Area, who moved from the Changdong Station to the Changdong Station.

From February 8, 2017 to May 8, 2017, the injured party B (n, 33 years old) was a person boarding and working in the U.S. station of the Seoul subway No. 4, and the accused and the accused do not know each other. The accused committed an indecent act against the injured party in the electric car that is densely concentrated on the part of the injured party in the front line with the body of the injured party in the front line that operates the section of the same gate from the Hansung-ro, Seongbuk-ro, Seoul, Seongbuk-ro, the 1, the subway No. 4, to the Handong-ro, the 1, to the Handong-ro, the 1, to the Handong-ro, the 1,

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and C;

1. Application of the video CD-related Acts and subordinate statutes;

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 light of the legislative intent, statutory punishment, etc. under Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes against the Defendant and his/her defense counsel’s assertion of innocence under Article 334(1) of the Criminal Procedure Act, it is reasonable to interpret the concept of “an indecent act” under the said provision more broadly than the concept of indecent act under Article 298 of the Criminal Act.

Considering the relationship between the Defendant and the victim, the victim’s age and intent, the circumstance and situation that led to the Defendant’s act of entering the facts constituting the crime, the victim’s response after the said act, and the impact on the victim, etc., the Defendant’s act of closely harming the victim’s body part of his body constitutes an indecent act stipulated in Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes. The Defendant is the same.