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(영문) 서울남부지방법원 2016.08.26 2015고단4905

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

On July 22, 2015, the Defendant discovered the victim F (the 23 years old), who was shoting the same stairs of E located in Guro-gu Seoul Metropolitan Government D, and committed an indecent act against the victim. Around July 22, 2015, the Defendant committed an indecent act against the victim at means of public transportation, public performance meeting place, or any other place where the victim’s knife knife is spread back to the knife, and knife the victim’s knife into the knife.

Summary of Evidence

1. Each legal statement of witness F and G;

1. The police statements made to F and G (the defendant and his defense counsel asserted to the effect that the defendant did not commit an indecent act against the victim, and that the defendant did not have any intention to commit an indecent act.

However, the victim F has consistently and specifically stated the defendant's act from the investigative agency to the present court, the content of damage, the victim's perception and response, and the situation before and after the crime. There is no inconsistency with G's statement, which is a male-friendly witness of the victim, and there is no reason to make the victim's false statement to injure the defendant even when the victim is punished for perjury, and there is no reason to make the victim's false statement to injure the defendant, and it does not appear that the victim's false statement will be opened differently, and the credibility of the statement is acknowledged in light of the attitude of the statement in

Therefore, it is sufficiently recognized that the defendant committed an indecent act against the victim, such as the criminal facts intentionally committed by the criminal defendant for the prosecution.

Application of Statutes

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes 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 on the Aggravated Punishment of the Aggravated Punishment Order is that the victim’s sexual humiliation and displeasure due to the instant crime was considerable, the victim did not recover from damage, and the victim wanted to strong punishment against the defendant, and the defendant denies the crime.