beta
(영문) 인천지방법원 부천지원 2017.09.13 2017고단1288

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. On March 2, 2017, the Defendant, at around 08:07, committed an indecent act between 8 minutes in the manner that the injured party’s mal part of his sexual flag is her mar in front of the victim E (V, 32 years old) in the direction of the progress of the 9th passenger train in the front-class D rapid mar-dong train in the front-class 08:07, on March 2, 2017.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

2. On March 16, 2017, at around 08:25, the Defendant committed an indecent act for about two minutes in a way that uses approximately two-minutes of the victim’s left her own knife floor to write off the victim’s knife in the front side of the fifth guest train (open, 22 years old) in the direction of the direction of the running of the rapid-speed train of the F-Wing-Jing train for the Acheon-Jing East, the Dong-gu, the Defendant committed an indecent act in a way that enables approximately two minutes of the victim’s left knife.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. Application of the Acts and subordinate statutes to photographs, photographs of the victim's photographic suspect, and caps of the victim's text message by capturing a video at the scene of crime;

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

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of 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 shows the attitude of recognizing the Defendant’s mistake and reflecting it.

However, the degree of indecent conduct is not less severe, and the defendant's crime causes a large insult and shame, and is trying to punish the defendant.

There was no agreement with the victims.

On May 17, 2016, even though the indictment was suspended for the same crime, it was committed twice or more without any opening.

In addition, the defendant's age, occupation, sex, family relationship, living environment, circumstances leading to the crime, etc. after the crime.