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(영문) 창원지방법원 2019.02.15 2018고단3399
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 September 28, 2018, around 08:28, the Defendant: (a) boarded in C, which was boarding from Changwon to Kimhae, and was seated next to the seat of the victim D (the age of 20) (the age of 20). The Defendant rhymd the bus after the window tunnel, and rhyd the Defendant’s hand into the victim’s bucks, and rhyd the Defendant’s hand over, and rhyd the Defendant’s hand into the victim’s buck. The Defendant rhyd the Defendant’s hand into the Defendant’s buck.

2. On September 28, 2018, at around 18:20, the Defendant embarked on a FF company G branch bus G branch bus that starts from E and operates to milk, and thereafter, the Defendant sited behind the bus on the side of the victim H (the 23th age), seated in the third window where the third window is seated, and the said bus was seated on the side of the victim H (the 1272 age age), depending on the window of the Sungsan-gu, Changwon-gu, Changwon-gu, Changwon-gu, Changwon-gu, 1272, caused the buckbbbbb in his hand, and caused the victim’s bucks one time by hand.

Accordingly, the defendant committed an indecent act against victims on two occasions within a bus which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer's statement about H (alias) and D;

1. Report on internal investigation (Listening to the witness's telephone statement) and each investigation report (referring to the analysis of black stuffs in a vehicle, nine photographs, one CD attachment, and specific suspect);

1. Application of Acts and subordinate statutes on the 112 Reporting Case Handling Table;

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

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

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. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or an order to notify, and children and juveniles.

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