(영문) 서울서부지방법원 2016.09.07 2016고단996

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(영문) 서울서부지방법원 2016.09.07 2016고단996

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On February 15, 2016, at around 04:17, the Defendant, alone, committed an indecent act against the victim E (V, 32 years of age) at a public well-populated place, such as making the victim E (V, 32 years of age) who fright alone, against the female’s will, and making the victim feel a sense of shame by taking the fright alone.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Each police statement of E and F;

1. The E’s written statement [The Defendant: (a) there is no misunderstanding of the victim in the process; (b) the victim stated consistently from the investigative agency to this court that he committed an indecent act as stated in the facts of the crime; (c) the victim appears to have committed an indecent act as stated in the facts of the crime at first time and at the place of the crime; (d) the victim appears to have no special reason to believe that the victim was the Defendant or made a false statement; and (b) the victim made a concrete statement from the investigative agency that “the victim committed an indecent act by a male who does not have the head with the face of the autopsy; and (e) the victim confirmed the male who did not have any head with the face of the autopsy who did not have any head with the face of the autopsy; and (e) the victim became the Defendant and became the offender after checking the male who did not have any head with the face of the autopsy; and (e) in light of the circumstances in which the victim became a criminal, the victim cannot accept the criminal facts of the defendant’s lawsuit; and) the application of the law.

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

1. The degree of indecent conduct on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is serious, and the victim seems to have received serious mental impulse in light of his or her indecent conduct committed, and the court may deny the commission of crime and repent the wrong.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제11조

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

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