beta
(영문) 서울중앙지방법원 2014.11.19 2014고단4639

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On June 30, 2014, the Defendant: (a) attached the Defendant’s sexual organ to the victim’s her son, who started from the Yongsan Station around 22:24 on June 30, 2014; (b) while the said electric train passes through the lux railroad station located in Seocheon-si, Seocheon-si and his surrounding areas, attached the Defendant’s sexual organ to approximately four minutes following the victim’s C (n, 23 years of age); and (c) attached the Defendant’s her son over four minutes.

In a way that they could be detached, the victim was indecently committed in the electric car, which is the place of public secrecy.

2. At around 22:28 on the same day, the Defendant committed an indecent act against the said victim within the front dong, which is a place where the said victim’s sexual organ was closely adhered to the victim’s sexual organ, by breaking up about 2 minutes after the line being tightly attached to the victim’s D (Influence, 25 years of age) while the said electric car passed through the transmission details located in the said Bupyeong Station and Seocheon-si, Seocheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. Application of the Acts and subordinate statutes to the investigation report (the place where the act was committed inside the train and the place where the person is arrested);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, etc., on October 12, 201, the Defendant was issued a fine of two million won by the Seoul Central District Court on the grounds of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct at Open Place) in addition to the issuance of a summary order of a fine of two million won more than twice, the above victim does not want the punishment against the Defendant by mutual consent with the victim D in preventing each of the crimes of this case. On the other hand, the victim did not have agreed with the victim C, and the above victim did not want the punishment against the Defendant.