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Defendant shall be punished by a fine of KRW 5,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
On August 8, 2016, at around 22:25, the Defendant committed an indecent act on the part of the victim F (the age of 17) who is sitting on the right side of the D Village bus located in Gwanak-gu, Seoul Special Metropolitan City, with the closing point of D Village bus A, with his own right shoulder inside the E Village bus.
Summary of Evidence
1. Legal statement of the witness F;
1. Statement concerning each part of the protocol of the prosecution or the police examination of the accused;
1. Statement made by the police with respect to F;
1. Reporting on investigation (Submission of reference materials);
1. The CD 1’s age was first used to commit an indecent act on his own bus, and there is no reason or motive for reporting a man who is not aware of the fact, and the victim’s time is without prejudice to his own family.
In light of the circumstances such as sending text messages, the victim cannot be deemed to have made a false statement without any ground, and the credibility of the statement can be acknowledged.
B. As to the defense counsel's assertion that the defendant's specific mistake, the victim was seated with the perpetrator at the second second seat following the village bus from the beginning.
According to the CCTV images at the time, the fact that the defendant was seated in the second seat after the village bus can be recognized.
After that, the CCTV images are uncertain because the victim was aboard the defendant's body, and some scams were removed by other passengers, and the CCTV images were removed by some scams, but it is confirmed that the above seat is the above seat if the victim was on the job to get out of the scams (2:26:09 at the time of CCTV image).
Since it seems obvious that the perpetrator stated by the victim refers to the defendant, there is no reason to argue that the specific defendant was erroneous.
[Application of Acts and subordinate statutes]
1. Relevant Article of the Criminal Act and the choice of punishment for the crime;