성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Defendant shall be punished by a fine of KRW 1,500,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
From around 03:30 on May 3, 2012 to 05:00 on the same day, the Defendant committed an indecent act in a concentrated public place, such as making soup and making soup, at the second floor 2nd floor of the building C in Goyang-gu, Seoyang-gu, Yangyang-gu, Seoyang-gu, C, the victim E, who was divingd, the victim E more thrhing the body of the victim by enjoying her her hand, and her khinglying her body, and making her body hing off.
Summary of Evidence
1. Each legal statement of witness E and F;
1. A protocol concerning the interrogation of the suspect against the accused (including the F large portion);
1. Each police statement made to E and F;
1. Each written statement of E [victim E has verified the impression of the defendant in detail in the body of the water, which is a place where the crime is committed, in compliance with the police and this court, and tracking the defendant from the surface of the water and identified the defendant in accordance with the physical training room;
was stated.
As above, when considering the specific process and circumstances as a criminal, the victim E is extremely low that the victim was aware of the defendant with another person.
I seem to appear.
In addition, the offender's appearance as stated by the injured person is consistent with the Defendant's unique appearance, and the witness F was consistent with the Defendant in the surface of the water.
The credibility of the victim's statement is supported.
Meanwhile, it is difficult to believe that G's statement made at the police is a statement that judged the appearance of the offender in comparison with the Defendant's photograph at a certain distance away from the lower distance in the open water surface room.
In addition, although the testimony of the witness F as to the specific circumstances of the defendant as an offender is partly different from the victim's statement, the main contents of the statement are as follows: F is found in the physical training room; thus, it is not sufficient to dismiss the credibility of the victim's statement.
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. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.