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(영문) 서울북부지방법원 2018.05.17 2017고단4476
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The sentence against the accused shall be 2,00,000 won.

When the defendant does not pay a fine, 100.

Reasons

Punishment of the crime

On September 14, 2017, the Defendant was sentenced to eight months of imprisonment with prison labor by obstructing business operations at Seoul Northern District Court, and the judgment became final and conclusive on November 25, 2017.

On August 25, 2017, at around 08:35, the Defendant committed an indecent act against the victim at a place where the public is concentrated by making it possible to have the Defendant’s sexual base part on the bucks located above the bucks of the victim in the electric car operated as the bucks room of the Dongdaemun Station Cultural Park located in the 230-gu Seoul Jung-gu, Seoul, Seoul, with the aim of committing an indecent act on the victim in the electric car operated as the bucks room of the Dongdaemun Station Cultural Park.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. Photographs, criminal video CDs;

1. Previous convictions in the judgment: A investigation report (a) and inquiry report (a) (A) (the victim, in this court and investigative agency, has consistently and specifically stated about the defendant's behavior at the time when the victim's sexual organ part was contacted with the victim's body, specific physical condition, damage details, and the situation before and after the crime was committed, and the first victim's sexual organ behavior at the time when the victim was committed an indecent act, and there seems to be any other circumstances that make it possible to make the victim's sexual organ false statements.

The alternative part of the police officer's testimony to witness the scene of crime is identical.

In light of the victim's attitude of statement in this court, the victim's statement is deemed to be reliable.

According to the evidence of the judgment, the defendant can be found to have committed an indecent act against the victim in a concentrated public place.

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. An order of disclosure; and

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