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(영문) 창원지방법원 2019.02.15 2018고단3464
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On November 4, 2018, the Defendant: around 16:40 on November 4, 2018, 2018, when boarding a bus in the front bus stops located in Seongbuk-gu, Sungwon-si, the Defendant committed an indecent act on the part of the victim by putting the victim’s hand into the victim’s seat next to the victim D (name, leisure, age 19) and holding the victim’s seat in the victim’s seat; making the victim’s seat up; and without recognizing the victim’s awareness, the Defendant committed an indecent act on the part of the victim in the means of public transportation by inserting the victim’s buckbbbbs.

2. This part of the indictment in the indictment against the crime committed on November 19, 2018 is obvious that it is a clerical error due to mistake, and thus, it shall be corrected ex officio as above.

On November 19, 2018, the Defendant: around 17:15, 2018, when boarding a bus in front of the F bus stops located in Seongbuk-gu, Sungwon-si, Sungwon-si, the Defendant committed an indecent act against the victim in means of public transportation, by having the knife knife in the passenger seat next to the victim H (the 19 years of age) and having the knife knife in the victim’s knife, knife, knife in the passenger transport.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement of D and H;

1. Application of each investigation report (the CCTV image installed in the C bus, the card number used by the suspect, the card number owned by the suspect, the card related to the suspect, the specific suspect, and the analysis of black stay images in the bus);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc.;

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

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The accused shall be subject to criminal punishment for sexual crimes prior to the instant case, under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children

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