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(영문) 수원지방법원 안산지원 2014.10.29 2014고단1781
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 March 20, 2014, around 07:41, the Defendant boarded the bus No. 52 with the victim M (man, 13 years of age) at the bus stop located in the regular bus stop in Ansan-gu, Sinsan-si, Annsan-si, and around 07:55 on the same day, the bus was replaced by the victim’s her her her her her her her her her her her her her her her her her her part in the vicinity of the her main apartment located in the same Dong-dong.

Accordingly, the defendant committed an indecent act against the victim in a bus which is a means of public transportation.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness M;

1. Prosecutions and police suspect interrogation records of the accused;

1. The police statement of M;

1. Recording records;

1. Application of Acts and subordinate statutes, such as CCTV data for light passengers;

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 his/her defense counsel's assertion about the defendant and his/her defense counsel under Article 186 (1) of the Criminal Procedure Act that the defendant did not commit an indecent act against the victim by means of the criminal facts stated in the judgment

The following circumstances acknowledged by each of the above evidence, ① the victim consistently sees from the investigative agency to this court, following the victim’s her mar, and her mar from the victim’s mar, and her marb from the bus, and stated to the effect that the victim’s mar was designated as the offender from CCTV images inside the bus that the police displayed after memorying the marb from the bus, ② the defendant viewed the victim several times after her boarding the bus, and was in the vicinity of the victim at the time of the above crime, ③ the victim was able to gather the first defendant.

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