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(영문) 인천지방법원 부천지원 2017.11.29 2017고단2309
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

1. On February 6, 2017, the Defendant was in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Cpopulated Places) around 08:10 on February 6, 2017, the Defendant was in operation from the mar basin in the mar basin 1 to the Gu basin in the center of Guro-gu, Seoul to the Gu road in the center of Guro-gu, Guro-gu, Guro-gu, Seoul. The Defendant was in the mar of the front line of the subway No. 1, the subway Line 1, which used to drive the mar between the Defendant’s sexual organ and the Defendant’s sexual organ attached even after the victim’s name was unknown.

Accordingly, the Defendant committed an indecent act against the victim on the electric car that is a concentrated means of public transportation.

2. On February 24, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (an indecent act in a densely concentrated place) committed an indecent act in violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes on February 24, 2017: (a) around 08:00, the Defendant was placed in the Defendant’s her son’s son’s son, who was in operation, from the mar station in the valley, which was located in the valley 1 to the opening station located in 40-lane 47, Guro-gu, Seoul, Guro-gu, from the mar station in Seoul, after the lapse of the victim’s B (n. 21 years old); and (b) the Defendant was her son’s son as his son.

Accordingly, the Defendant committed an indecent act against the victim on the electric car that is a concentrated means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Application of the Acts and subordinate statutes to photograph the dynamic image at the scene of crime;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment recognize and reflects all the mistakes.

There is no criminal history prior to the instant case.

However, the Defendant committed two times or more, and the Defendant, due to the Defendant’s commission of the crime, led to a great insult and shame of the victims, and led to mental shock.

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