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(영문) 인천지방법원 2015.06.17 2015고단2083

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

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

Reasons

Punishment of the crime

1. 피고인은 2015. 2. 14. 12:28경부터 12:58경 사이에 목포발 용산행 제1404호 무궁화호 열차 5호차를 타고 장성역-신태인역 구간을 지나가던 중 옆자리인 45석에 앉은 피해자 C(여, 21세)를 추행하기로 마음먹고, 왼손으로 피해자의 오른쪽 허벅지를 1회 쓰다듬고, 피해자로부터 “뭐 하시는 거예요. 하지 말라구요.”라는 말을 들었음에도 계속하여 피해자의 오른쪽 허벅지를 1회 쓰다듬고, 왼손으로 피해자의 어깨를 감쌌다.

2. At around 13:00 on the same day, the Defendant used one time as set forth in paragraph (1) of this Article from the time when he was passing the said train and 52 knife the 51 knife knife knife knife knife knife knife knife knife knife.

As such, the Defendant committed an indecent act against two victims in the Rose of Sharon train, which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. Application of Acts and subordinate statutes to a report on investigation (additional confirmation of a victim);

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

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

1. Articles 70 (1) and 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;

1. Where a conviction of a defendant against a sexual crime subject to registration becomes final and conclusive on the judgment that is a sexual crime subject to registration under Article 334(1) of the Criminal Procedure Act, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a related agency in accordance with

Reasons for sentencing

1. The sentencing criteria are not set for offenses against which the sentencing criteria are applied; and

2...