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(영문) 수원지방법원 2015.09.17 2015고단2217

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 8, 2015, at around 00:26, the Defendant boarded the victim D (V, 22 years of age) on the C bus operated in the G bus stops located in Gangnam-gu Seoul Metropolitan Government at the G bus stops, followed by the victim D (L, 22 years of age).

Between 00:35 and 00:45, the Defendant committed an indecent act on a bus, which is a means of public transportation, on the part of the victim, by making use of the victim’s left side buckbuck in the right side area, as thrhh, outside the finger hand, and the victim moved his body to the window and expanded the distance between the Defendant and the Defendant, even though the bus moved to the window, the Defendant committed an indecent act on the victim in a bus, which is a means of public transportation, such as making twice the bucks of the victim’s buck in the same way.

Summary of Evidence

1. Partial statement of the defendant;

1. The rejection of a witness D’s legal statement [the rejection by causing a suspicion of having no reasonable ground to believe that the evidence exists cannot be permitted to deviate from the bounds of the principle of free evaluation of evidence (see Supreme Court Decision 2013Do14656, May 16, 2014). In a case where the statement of a witness, such as the victim, etc., is mutually consistent and consistent with the facts charged, unless there is any separate evidence to deem that the credibility is obvious from an objective perspective, it shall not be rejected without permission, unless there is any other evidence to deem that the credibility is obvious (see Supreme Court Decision 2012Do2631, Jun. 28, 2012). The victim D’s statement that corresponds to the facts charged in this case is consistent from the time of investigation to this court, and is consistent with this law in light of the attitude of the statement in court

1. Partial statement of the police interrogation protocol of the accused;

1. E statements;

1. On-site photographs;

1. Photographs of the victim;

1. Image images of buses;

1. Application of CD-related Acts and subordinate statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

1. The parts and degree of the indecent act committed against the defendant in the choice of the selective fine, and the same kind of the accused;