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(영문) 수원지방법원 안산지원 2015.08.28 2015고단1662

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Criminal facts

1. On May 19, 2015, at around 09:00, the Defendant started from the dominant station in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, with the view to committing an indecent act against the victim by reporting the victim C in the front line of subway 1, which is operated as a room in the additional digital group area, and using the gap in the surroundings mixed with the victim, and divided the victim’s back into the victim’s jum.

As a result, the Defendant committed an indecent act against the victim in the former car which is a means of public transportation.

2. On June 1, 2015, at around 08:40, the Defendant started from the street station located in the city of Guro-gu Seoul Metropolitan City, Guro-gu, and operated as a room in the digital circuit area, the Defendant, within the subway line 1, a subway line, reported the victim D (inn, 24 years old) and used the gap around, used the gap where the surrounding area mixed with each other, used the victim’s mind to commit an indecent act against the victim, and divided the victim’s back back to the victim’s her her sensen, into the victim’s her m

As a result, the Defendant committed an indecent act against the victim in the former car which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C or D;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning facts constituting an offense, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of fines for each type of crime (in spite of the absence of recovery from damage to the victims until his/her employment, the confession and reflection of the accused, the fact that the accused is an initial offender, etc.

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

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

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

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

1. The disclosure or notification of personal information shall not be made in consideration of Article 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure or notification of personal information, the proviso to Article 49 (1), the first offender under the proviso to Article 50 (1), the second offender, the previous situation, etc. of the Protection of Children and Juveniles against Sexual Abuse