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(영문) 광주지방법원 순천지원 2019.03.22 2018고단2252

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On September 21, 2018, the Defendant 21:35 on September 7, 2018, aboard the bus of the B company C operated by the South Twit-do police box from the South Twit-dong, to the south Twit-dong, and caused the part of the victim’s right side by using the difference between the passengers and the passengers, and caused the part of the victim’s body to be pushed down with the Defendant’s body and contact with the part of the victim’s sex with the Defendant’s sexual part on the back side of the driver’s seat, around 21:49 on the following day.

Accordingly, the defendant committed an indecent act against the victim in the city bus which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of D;

1. Application of Acts and subordinate statutes for reporting internal accidents;

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

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shows the appearance that the defendant recognized the crime of this case and made the mistake against the defendant, there is no record of previous criminal punishment, and the victim expressed his intention not to punish the defendant under the agreement with the victim. Considering the circumstances favorable to the defendant, the degree of indecent act in light of the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case and all the sentencing conditions shown in the trial process, such as the circumstances after the crime, shall be comprehensively taken into account.