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(영문) 서울중앙지방법원 2019.06.19 2019고정292
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

around 19:00 on August 23, 2018, the Defendant committed an indecent act against the victim in means of public transportation, which is a place of public gathering, in a way that the victim's macks his/her sexual macks with his/her sexual mack in the passenger D (nick, 21 years of age) at C urban bus, which was operating the front road of the building B in Gwanak-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. D's legal statement;

1. Statement made to D by the police;

1. A written statement of the victim;

1. The CD in which the suspect, bus tower, and escape video are recorded;

1. 112 Reporting case management table;

1. Application of the Acts and subordinate statutes to close urban bus booms images and to photographe images on the suspect's escape ground;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

1. According to the following circumstances acknowledged based on the evidence duly adopted and investigated by the court, determination of the assertion of the Defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act, the Defendant may be found to have committed an indecent act against the victim as stated in the facts constituting an offense.

The victim stated consistently in the investigative agency and the court to the following purport:

In other words, when the bus was aware of the defendant's expectation when she was kib, even in the straightway, the victim's her butt her sexual part continued to be tightly adhered to the victim's her butt her sexual part, so the victim's face was her face immediately next to the victim's face, even if her so-called her so-called so-called her, and the victim's face was reported to 112.

As the body of the defendant was returned to the clerk, it was turned back to the stop place at any time, and the report was put to the stop place.

(b) CCTV installed in a bus is not taken the entire form of the victim, but the following 1 to 5 pages are taken:

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