beta
(영문) 인천지방법원 2016.02.04 2015고단5026

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

At around 18:00 on June 17, 2015, the Defendant committed an indecent act against the victim in a place where the victim’s sexual organ was closely attached to the victim E (V, 25 years of age) and the victim’s sexual organ was tightly attached to the front-time train D2-2 can be operated in the high speed terminal station station of Seoul subway 9, Seoul subway 18:0.

Summary of Evidence

1. Each legal statement of E and F;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. The Defendant denied a criminal act, but according to the aforementioned evidence, E made a concrete and consistent statement as to the circumstances in which the crime was committed from the police investigation stage to the present court, and the content of such statement is consistent with witness F’s legal statement and the content of the video CD as to the situation at the time, and made a different statement.

There is no circumstance to consider.

Therefore, criminal facts in the judgment are found guilty because each legal statement of E/F, police statement of E, etc. are sufficiently reliable.

Application of Statutes

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

1. Article 70(1) and Article 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 to Order;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment appears to have considerable mental impulse and sexual humiliation for the victim due to the instant crime, but the damage was not recovered at all, under the circumstances unfavorable to the defendant, the fact that the defendant has no record of punishment in addition to the one-time fine due to drinking driving, shall be considered in favor of the defendant, and other matters specified in Article 51 of the Criminal Act, which are conditions for sentencing, such as the defendant's age, sexual behavior, environment, etc., as indicated in the instant records and arguments, shall be considered in light of the favorable circumstances.