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(영문) 서울서부지방법원 2015.10.29 2015고단1516

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Crimes against victims C;

A. The Defendant, around early 08:30 on December 2014, 201, boarded from the subway E Line 3 lines located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul to the front-time area of the 3-ro 3-lanes: (a) committed an indecent act on the victim’s bucks and bucks of the victim C (n, 26 years of age) located behind the Defendant’s extension to the front-time area; and (b) committed an indecent act on the part of the former vehicle, which is a place where the public is concentrated.

B. The Defendant, around 08:30 of the following day after the date stated in the paragraph (a) and around 08:30, in the electric trains with the same subway 3 lines, committed an indecent act against the victim in the electric vehicle, which is a place where the public is concentrated, by gathering the victim C’s bucks and bucks and drinkings.

2. The Defendant, around May 22, 2015, 08:25, 08: (a) taken a train from subway 3 lines E stations in Seodaemun-gu Seoul, Seodaemun-gu, Seoul to Doo-ro 3 to Doo-si Station on the face of a bank room, and committed an indecent act against the victim in the electric vehicle, which is a place where the victim F (V, 37 years of age) takes a hand, prokes, protrudings, and bucks and sounds of the victim, and is a place where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Application of the Acts and subordinate statutes to investigative reports (to take screen pictures of suspect at the time of committing the crime);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning 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 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. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is a sex 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 the defendant is obligated to submit personal information to a related agency under

order to disclose personal information; or