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(영문) 인천지방법원 2016.06.16 2015고단8321
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 9, 2015, at around 00:50 on August 9, 2015, the Defendant started from the Seoul metropolitan bus and operated to the Incheon terminal, and committed an indecent act by the Defendant, on his hand, on the side of the victim E (V, 22 years old) who was seated and pushed down, and opened down the left arms above the victim’s will, thereby making the victim’s breast up on several occasions.

Summary of Evidence

1. Each legal statement of E and F;

1. Each police statement protocol with respect to E and F [the defendant denies a crime, but according to the aforementioned evidence, F, who is the victim of witness interest, consistently made a specific and consistent statement concerning the circumstances in which the crime was committed from the police investigation stage to the present court, and otherwise made a false statement.

There is no circumstance to consider.

Therefore, the facts constituting the crime in the judgment are found guilty because the court's statement and the police's statement are sufficiently reliable.

Application of Statutes

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

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 fact that the damage for the reason of sentencing under Article 334(1) of the Criminal Procedure Act was not entirely recovered under the unfavorable circumstances, the degree of conduct is relatively minor, the victim’s strict punishment is not smooth, and the defendant’s primary offender who has no record of punishment is the first offender, etc. shall be considered under favorable circumstances, and the punishment is determined as ordered by taking into account various matters under Article 51 of the Criminal Act, which are the conditions of sentencing, such as the defendant’s age, sexual behavior, environment, etc., as shown in the records and arguments of this case.

Where a conviction becomes final and conclusive on the facts constituting a sex offense subject to registration, such as registering personal information and submitting data, the accused shall be punished, etc. of sexual crimes.

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