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(영문) 인천지방법원 2016.09.19 2016고단2264

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

When the defendant does not pay a fine, one hundred thousand won shall be converted into one day.

Reasons

Punishment of the crime

On February 17, 2016, around 08:01, the Defendant was aboard the bus at the entrance stops of the D major entrance in Gyeyang-gu Incheon Gyeyang-gu, Incheon, and was seated at the right seat of the victim F of the back seat.

At around 08:11 on the same day, the Defendant was living together with “H” bus stops located in Bupyeong-gu Incheon Metropolitan City, and the locked was attempted by the victim who tried to steals one cell phone of the non-merchants in the market price owned by the victim by discovering the victim and extending out to the victim his/her upper hand, thereby having failed to achieve that intention.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the witness F’s legal statement (a long from the defendant’s side to the victim);

1. Application of Acts and subordinate statutes to video images of buses;

1. Article 342 of the Criminal Act and Articles 342 and 329 of the Criminal Act and the selection of fines concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, even though the Defendant was unable to commit a crime even though he was thiefed, the Defendant was sentenced to a fine like the order in consideration of the fact that the instant crime was committed in an attempted crime and the Defendant was recognized to commit the crime, and the Defendant was against it.

The acquittal portion

1. A summary of the facts charged is around 08:01 on February 17, 201, the Defendant was seated at the right seat of the victim F of the rear seat of the bus (the age of 20) by getting aboard the bus E at the entrance stops at Gyeyang-gu Incheon, Gyeyang-gu, Incheon.

At around 08:11 on the same day, the Defendant was living together with 'H' bus stops located in Bupyeong-gu Incheon Metropolitan City, and the locked person became more than twice the chest in which the Defendant discovered the victim, extending out to the victim the right chest of the victim by extending to the victim, and the victim did not shoulder out from the locking.

Accordingly, the defendant committed an indecent act on the victim in a bus which is a densely concentrated place.

2. The defendant and his/her defense counsel attempts to steals of F and a mobile phone;

We claim that F did not commit an indecent act.