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(영문) 인천지방법원 2018.11.09 2018고정1815
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

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

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

Reasons

Punishment of the crime

1. A violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public C Place) committed an indecent act on April 3, 2018 on the side of the victim F (V, 41 years old), seated on the back side of the driver’s seat, sitting on the front side of the two seat located above the rear wheel of the driver’s seat, and continued to place the Defendant’s left side bridge on the right side of the damaged person, and even though the victim continued to have a bridge on the front side and avoided contact with the Defendant, the victim committed an indecent act on the part of the damaged person’s right side, which is a public place.

2. The Defendant of the assault: (a) at the date, time, place, and between the Defendant’s left side and the victim’s right side bridge in order to avoid contact with the Defendant; (b) intending to create a space in which the victim gets his hand to avoid contact with the Defendant; (c) “Ig, this year, on the part of the Defendant, Iget the Victim’s bridge “Ig, Ig the Victim’s bridge, Irk, Ig the Victim’s seat, Irh, and (d) whether the Victim “Ig

As stated in the purport of “the victim”, a year in which it is not “the victim” was expressed as “the victim, and the victim abuseds the victim’s face to the right by hand.

Summary of Evidence

1. Legal statement of witness F;

1. Side photographs of the victim's assault;

1. Investigation report (indecent act means an act which causes sexual humiliation or aversion to the general public objectively and is contrary to good sexual morality, and which infringes on the victim’s sexual freedom;

A person's bridge is a body with high sexual public awareness or anti-defensiveness, and an act in contact with his body against the will of the other party constitutes an indecent act.

The intention of an indecent act shall be understood and intended to cause objectively a sense of sexual humiliation or aversion.

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