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(영문) 서울남부지방법원 2018.07.13 2018고단1060
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. 성폭력범죄의 처벌 등에 관한 특례법위반( 공중 밀집장소에서의 추행) 피고인은 2017. 11. 21. 08:40 경 서울시 영등포구에 있는 서울 지하철 9호 선 여의도 역에서 고속 터미널 역 방향으로 운행하는 전동차 내에서 피해자 B( 가명, 여, 30세) 의 엉덩이에 자신의 성기를 밀착하고 비볐다.

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

2. Notwithstanding that the Defendant is not a person who is not a route, around November 24, 2017, around 19:45, around 2017, the Defendant used a preferential route card owned by the route 5 lines of Seoul subway No. 5 lines of Seoul, Mapo-gu, Seoul, with an preferential route card owned by the 210 lines in Mapo-gu, Mapo-gu, Seoul, and passed through the open space, and used a subway with a preferential route card of C 15 times in total, as shown in the list of crimes, from that time until December 4, 2017, around 20:14 of the same day after boarding the subway, the Defendant used the subway using the route 5 lines of subway No. 168 in Gangseo-gu, Seoul, with a preferential route card of C, as indicated in the list of crimes.

Accordingly, the defendant did not pay the price by illegal means, and acquired property benefits that can not know about the exact amount by using the pay automatic equipment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to B (tentative name);

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning the facts constituting an offense, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (Indecent Acts in Crowd Public Places) and Article 348-2 of the Criminal Act (Indecent Acts in Crowd Public Places), and the selection of each fine;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment shall be taken into account the method, content, frequency, etc. of the instant crime, but the Defendant is against the law and criminal punishment.

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