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(영문) 서울남부지방법원 2017.10.20 2017고단3016
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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Defendant shall be punished by a fine of 4.5 million won.

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

Reasons

Criminal facts

1. On March 30, 2017, the Defendant: (a) committed an indecent act against the victim in a manner that the victim’s macker’s macker’s macker Co. 10 p.m., which passed the viewing station section in the Yongsan Station around 08:30 on March 30, 2017; (b) on the part of the passenger train No. 10 p.m. 10 p.m., the m., attached to the victim D (V, 25 years old); and (c) the victim’s macker’

2. On March 31, 2017, the Defendant: (a) committed an indecent act against the victim in the manner that the victim’s luxane and her son’s mare closely adhered to approximately 6 minutes, from the passenger train No. 10, the subway E-dong train No. 10, Incheon, Yang-ju E-dong trains No. 10, which passed around the 08:18, the Defendant committed an indecent act against the victim in the manner that the victim’s lux and her part of the lux flag attached after the victim F (V, 28 years of age)

Accordingly, the defendant committed an indecent act on people at a place where public transportation is densely concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Written statements prepared in D;

1. Application of the video Acts and subordinate statutes to each crime scene;

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

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

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is not only an indecent act committed by the Defendant in a public densely concentrated place twice, but also the degree of such indecent act is not weak. The instant crime appears to have caused the victims to feel a considerable sense of sexual shame due to the instant crime, and the Defendant committed a second offense despite having received a summary order of KRW 3 million on July 19, 2012, by committing a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (an indecent act in a densely concentrated place).

However, the defendant's act of committing the crime of this case is against the defendant's mistake, and the victims.

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