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(영문) 서울중앙지방법원 2013.06.04 2013고정567

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 2,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On October 16, 2012, around 08:30 on October 16, 2012, the Defendant discovered the victim E (n, 18 years of age) from the bus stop located in Seongbuk-gu Seoul Metropolitan Government to take in the F bus, and followed by boarding the bus, and pushed down the body in the bus after the victim’s back to the bus, and then bucks and bucks of the victim’s hand and bucks in the bus which is a means of public transportation, thereby committing an indecent act on the victim in the bus.

2. On the 23th of the same month, at around 08:30, the Defendant discovered that the victim, who had committed an indecent act at the same bus stop, was on board the bus for the purpose of committing an indecent act again, and then pushed down the victim’s body behind the bus and pushed down the victim’s body, putting the victim’s hand down below the school uniforms, and committed an indecent act on the bus, which is a means of public transportation, by making the victim’s bucks and bucks.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Police suspect interrogation protocol of the accused;

1. Statement to E by the police;

1. A complaint filed by E;

1. Application of investigation reports (the details of card use and CCTV extract), investigation reports (CCTV investigation) Acts and subordinate statutes;

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

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;