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(영문) 서울서부지방법원 2013.05.30 2012고합511
아동ㆍ청소년의성보호에관한법률위반(강간등)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 1, 2011, at around 18:30, the Defendant, at the subway 6 line 2 line 393, the subway 6 line 2 line 2 line 393, the Mapo-gu Seoul, Mapo-gu, Mandong, 18:30, mart of the victim C (V, 14 years of age) who was enrolled earlier, was rhumd with the part of the Defendant’s hand.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. D's statement in the fourth trial record of the defendant's partial statement C in court;

1. Application of Acts and subordinate statutes to investigative reports on respective statements prepared D and E (report on telephone conversations made by victims);

1. Relevant Articles of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment Thereof;

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

3. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is that the victim's body was pushed ahead of the victim's body while the boom boom boomer in the subway station (hereinafter "the instant boomer") was used by the people on the day of the instant case, and his body was pushed ahead, and there is no indecent act against the victim, such as the facts charged.

2. In light of the following circumstances revealed by the evidence mentioned above, the defendant's assertion of the defendant and the defense counsel is not accepted, since the defendant can sufficiently recognize the defendant's her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

이 사건 범행이 발생한 시각은 퇴근 무렵인 18:30경으로서, 당시 지하철 합정역은 퇴근하는 사람들로 붐볐으며, 위 지하철 내에 있는 이 사건 에스컬레이터 또한 이용객들로 가득차 있었는데, 특히 D는 술에 취한 것처럼 몸을 휘청이며 위 에스컬레이터를 타는 피고인의 모습이...

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