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(영문) 의정부지방법원 2016.08.29 2016고단679

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 25, 2015, the Defendant: (a) around 12:00, around 12:00, located in the subway line D of subway No. 4 located in Jongno-gu Seoul Metropolitan Government, and (b) after the victim E (V, 25 years old), who is a passenger of the front of the entrance to get off and off the entrance, became the victim’s right side.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A written statement;

1. Copy of a glarg card;

1. Application of Acts and subordinate statutes to investigation reports (CCTV verification, etc.);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. The Defendant’s assertion of the Defendant under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order: (a) the Defendant asserts that he did not have the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

The above two persons are set up with the defendant, and the police is also in accordance with the existence of the crime of this case, and the facts charged of this case can be fully recognized. Thus, the above assertion by the defendant cannot be accepted.

양형의 이유 지하철에서 여성의 엉덩이를 만짐으로써 추행한 이 사건 범행은 죄질이 매우 나쁠 뿐만 아니라, 피고인은 이 법정에서도 이 사건 범행을 부인하면서 잘못을 뉘우치는 기미를 보이지 않고 있으며, 2013년 지하철에서 성기를 꺼낸 채 서 있는 방법으로 공연히 음란한 행위를 하여 처벌 받은 전력이 있음에도 불구하고 지하철에서 이 사건 추행을 한 점에 비추어 실형이 불가피하다.

However, the defendant shall be punished twice by a fine.