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(영문) 인천지방법원 2018.10.10 2017고단7677

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a customer who visited a club of “C” and was unable to know with the victim D (V, 33 years of age).

1. The Defendant: (a) around 06:00 on April 23, 2017; (b) around 06:0 on the second floor “C” in Gangnam-gu, Seoul; (c) performed drinking and dancing in the tables No. 5, “C,” the second floor of “C,” located in Gangnam-gu, Seoul; and (d) the victim passed through the tables No. 5 and six in order to leave the toilets; and (c) the chest of the victim was only one time.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

2. The injured Defendant is the date and time set forth in paragraph 1, and at the place, whether the victim “ was dwarf.”

“In the case of a defect in the paragraph of this paragraph, the victim suffered bodily injury, such as chilling and tensions on the part of the victim in need of treatment for about 14 days, in light of the left side of the victim’s hand, on the part of the chilling part of the chilling part, and tensions, etc.

Summary of Evidence

1. Legal statement of the witness D;

1. Report on internal investigation (specific relation to vehicles of a person suspected of being involved);

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant legal provisions concerning facts constituting an offense, and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes (Indecent Acts in Crowd Public Places and Selection of Fines) and Article 257 (1) of the Criminal Act (Indecent Acts and Selection of Fines);

1. The aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the aggravated punishment for concurrent crimes within the extent that the sum of the long-term punishments of the above two crimes, which are prescribed for the heavier punishment, shall be aggravated);

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. In a case where the part of the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) is finalized in the judgment concerning the obligation to register and submit personal information under Article 334(1) of the Criminal Procedure Act with respect to provisional payment order, the Defendant is against Article 42 of the Act on Special Cases Concern