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(영문) 서울남부지방법원 2016.05.20 2015고단5574
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On September 21, 2015, at around 07:16, the Defendant appears to have written the written indictment “three times” in the light of the victim E (the 39-year old)’s written indictment and the 55th page of the evidence record No. 2-3 times as follows, and even if the written indictment was corrected without any changes in the indictment, it does not seem to have a substantial impediment to the Defendant’s exercise of the right to defense. Accordingly, the Defendant’s correction ex officio is made ex officio.

In addition, the victim committed an indecent act.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the prosecution against E;

1. Each E statement (the defendant and his defense counsel asserts that there is no fact that the defendant committed an indecent act against the victim;

However, the victim's statements in this court and in investigative agencies are consistent and specific with the defendant's act, damage content, the victim's perception and response, and the situation before and after the crime, and there are no other circumstances where the falsity is discovered in the statement, and credibility is acknowledged in light of this court's attitude of statement in this court.

In addition, the victim returned to the end immediately after the indecent act was committed by the victim, and the victim was immediately followed by the victim, and the other parts could only meet as the victim's resistance and the sound part could only be seen as the victim's resistance, it seems that the possibility that the victim's act was committed by another person is low.

Therefore, it is sufficiently recognized that the defendant committed an indecent act against the victim as stated in the judgment of the court.

Application of Statutes

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. The order of provisional payment;

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