logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.03.31 2015고단3634
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 21, 2015, the Defendant, within the subway stations located in Gwangjin-gu Seoul Special Metropolitan City around 08:50 on August 21, 2015, committed an indecent act against the victim in the public means of transportation in a way that the macks of the victim E (n't, 20 years of age), who was in front of the entrance, was her hands 10 times away with the entrance.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E’s statement in the second public trial protocol (the defendant and his defense counsel asserted that the defendant did not have a son’s her son’s son’s son’s son’s son’s son’

The victim's statement is recognized as credibility in light of the fact that the victim's statement is generally consistent and specific with the content of damage, the fear and response of the victim, the situation before and after the crime, and that there are no other circumstances where the victim's statement is false. Thus, the defendant is recognized as having her son's son's son's son's son.

In addition, the act of making a female victim's her her mare objectively constitutes an act that causes an average person to feel sexual humiliation or aversion, and thus constitutes an act contrary to good sexual morality, and thereby, infringes on the victim's sexual freedom.

Since it is reasonable to see that the defendant's act constitutes an indecent act, it can be assessed as an indecent act.

B. The criminal intent of the defendant may be recognized in light of the form of indecent act, the circumstances at the time, etc.

Therefore, the facts charged of this case are fully recognized).

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. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

arrow