beta
(영문) 서울서부지방법원 2016.10.12 2016고단1958

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 27, 2016, around 08:13, the Defendant continued to contact the victim with knee in a knee, knee in a dong that operates E station located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, with the victim F (n, 21 years of age) located in the gap of concentrated passengers and in a opposite attitude.

In such a way, the Defendant committed an indecent act against the victim in the electric car, which is a place of public smuggling, for about eight minutes, until he arrives in the old career.

2. 피고인은 2016. 4. 28. 08:13경 서울 영등포구 D에 있는 E역을 운행하는 전동차 안에서, 밀집한 승객들 틈에 서 있는 피해자 G(여, 26세)의 등 뒤에 밀착하여 성기 부분을 피해자의 엉덩이에 비볐다.

The Defendant committed an indecent act against the victim in the electric car, which is a place of public smuggling, for about four minutes, until he arrives in the brigade.

3. 피고인은 2016. 4. 28. 08:17경 서울 동작구 H에 있는 지하철 9호선 I역을 운행하는 전동차 안에서, 밀집한 승객들 틈에 서 있는 피해자 성명불상(여, 20대)의 등 뒤에 밀착하여 성기 부분을 피해자의 엉덩이에 비볐다.

The Defendant committed an indecent act against the victim in the electric car, which is a place of public smuggling, for about six minutes until he arrives at the high speed terminal station in the same manner.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A written statement of the G production;

1. Application of Acts and subordinate statutes to investigation reports (grounds for failure to prepare the victim's statement);

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Penalty for Each Sexual Crimes, and the Selection of Imprisonment [In consideration of the fact that the number of crimes recorded in the facts of crime is not many and that the crime not discovered appears to be more (24 pages of investigation records

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

1. Article 62 (1) of the Criminal Act (i.e., confession, reflectivity, and the first offense);

1. The punishment, etc. of sexual assault crimes;