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(영문) 수원지방법원 안산지원 2014.09.17 2014고단1271
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Criminal facts

On April 8, 2014, the Defendant: (a) around 21:45, the subway 2 lines located in Gangnam-gu Seoul in Gangnam-gu, sent her son, etc. after the victim B (n, 24 years old) and her son, etc. and concealed her son.

The Defendant committed an indecent act against the victim on the electric car, which is a means of public transportation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of B and C;

1. The police statement concerning B;

1. Application of statutes on site photographs;

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

1. Article 70 (1) of the Criminal Act, Article 69 (2) of the Criminal Act;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The Defendant and the defense counsel’s assertion of the cost of lawsuit as to the Defendant and the defense counsel under Article 186(1) of the Criminal Procedure Act asserts that the Defendant’s physical contact between the Defendant and the victim was inevitable due to the vibration of subway operating after the victim within a congested subway to the extent that it is difficult for the Defendant to freely drive his body at the time of the crime, and that there was no concealment of the victim’s her son by hand, etc. as stated in the facts charged.

The following circumstances acknowledged by each of the above evidence, and ① the victim stated to the effect that the defendant who was the victim after the victim had consistently posted his body from the investigative agency to the court repeatedly attached his body and repeatedly hidden his body to the victim's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.

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