beta
(영문) 서울북부지방법원 2018.11.09 2018고단2088

강제추행

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant fails to pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 2, 2018, the Defendant committed a crime against the victim’s name unclaimed (influence, age unclaimed) on April 12:30, 2018, the Defendant forced the victim to commit an indecent act by forcing the victim to wear his name unclaimed (influence, age unclaimed) on the victim’s chest on the part of his/her own port, where he/she walked the victim’s name unclaimed (influence) at the waiting room 7 lines from subway D Station 7 to 4 lines in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.

2. On April 2, 2018, the Defendant committed the crime against the Victim E (F, 17 years old), and the Victim F (F, 23 years old), committed an indecent act on the part of the victims by forcing the victims to use the victim E’s chest in the E-ray from the E-ray 7 to 4 lines in Seoul Special Metropolitan City Nowon-gu, Seoul Special Metropolitan City Nowon-gu on April 2, 2018.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with regard to F;

1. A written statement of F and E;

1. Each investigation report (for reporting with victim E on telephone conversations and hearing statements made by victim E), one criminal investigation report (for example, attaching a video CD on the face of an indecent act), and photographs attached thereto;

1. A report on internal investigation (the inspection and analysis of CCTVs in the subway station 4 lines and the G station), and photographs after capturings attached to each of them;

1. Screening pictures for a report on internal investigation (to peruse and analyze CCTVs in subway 4 and 7 lines) and for the caps attached thereto;

1. Application of the Acts and subordinate statutes on the case of requesting cooperation in investigation (verification of personal information on route transportation cards);

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act and the choice of fines for criminal facts;

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

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include the fact that the defendant has recognized the crime of this case, and there is no record of criminal punishment in the previous case, and the subway used by many people.