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(영문) 의정부지방법원 2019.09.27 2019고단2647
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 5, 2019, around 19:10, the Defendant committed an indecent act by force against the victim by sticking the victim’s sexual whistle to the part of the victim’s her butane, after the victim’s name in the front section of the subway station located adjacent to the entrance, within the subway station of the subway 9, following the victim’s name influence, located adjacent to the entrance.

2. On April 5, 2019, around 19:20, the Defendant committed an indecent act by force against the victim by putting the Defendant’s sexual whistle part over the victim’s her butt will, after the victim’s B (name, her, her, her, her, her age 27) in the same electric vehicle as described in the foregoing paragraph (1).

Accordingly, the defendant committed an indecent act against victims two times in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (second time);

1. The written statement made by the police against B;

1. Application of Acts and subordinate statutes to each investigation report (the attachment of images produced by a control police officer and their closure photographs, cctv video images and original data inquiry within an active service platform);

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

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. Article 16 (2) and the main sentence of paragraph (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order requires severe punishment because the defendant again committed the crime of this case even though he had been previous and previous. However, although the defendant was led to confession and reflect on the crime of this case, he was sentenced once a fine is imposed even though he was previous and previous, and he did not have any criminal record heavier than the fine, the victim does not want the punishment of the defendant by agreement with the victim whose damage has been confirmed, and the crime of this case is dynamic sexual behavior due to the loss, stress, etc. after the defendant was dead to his spouse.

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