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(영문) 서울중앙지방법원 2013.10.11 2013고단2933
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 24, 2013, at around 14:20, the Defendant committed an indecent act against the victim in front of the victim B (the age of 23)’s buckbucks and the right tacks in the open air at the subway bus platform located in Sungnam-si, Sungnam-si, 176-1.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to a photograph by cutting down the scene of a crime, and video CDs on the face of a crime;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012)

1. Selection of a selective fine (to consider the minor and planned crime that is not visible to the degree of indecent act);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel found the defendant guilty of Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the defendant had contact with the victim at the time. However, the defendant had no intention to commit an indecent act because it occurred while making the victim's knife from the escalator first.

In light of the circumstances acknowledged by the evidence mentioned above, the Defendant: (a) made the victim, who was going to walk on the left side of the designated radar, with his hand on the right side of the designated radar, and was removed by the report; and (b) at the time, the victim was faced with the Defendant’s left hand in the situation where the victim was going to the left side of the Defendant; (c) the victim was contacted with the victim’s hand on the left hand; (d) the contact was made from the buckbucks of the victim, and the method of contact was also used by hand, etc.; and (e) at the time, the victim was faced with the back of the designated bucks of the victim.

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