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(영문) 서울중앙지방법원 2018.12.18 2018고단4505
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
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

1. On May 11, 2018, the Defendant finds out that, around 21:00 on May 21, 201, the victim C (V 23 years old) who was sitting in front of the Defendant in the front line of the subway line 1, which is located in the Jongno-gu Seoul Metropolitanro 129, is standing in the front line of the Seoul Station to be operated by the Seoul Station, and finds out where the victim C (V 23 years old) was standing in the front line of the train operated by the Seoul Station, and raises any leg that falls short of the victim’s religious appearance.

The term "the victim committed indecent acts in the subway, which is a means of public transportation, with his/her hand inside the right bucks of the victim.

2. On May 11, 2018, the Defendant’s forced indecent act: (a) heard the victim G (48 years old) who was in the position of the F District of the Seoul Dongjak Police Station F District and sent out after receiving a report that a sexual indecent act case, such as the preceding paragraph, occurred in the subway E station located in Dongjak-gu Seoul Metropolitan Government on May 11, 201; and (b) sought that the Defendant would investigate the sexual indecent act case from the victim G (48 years old) who was the position of the F District of the Seoul Dongjak Police Station F District; and (c) committed an indecent act by force against the victim by forcing the victim by using the victim’s sexual organ as the victim’s hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of G;

1. Statement of the police statement related to G;

1. A written statement prepared C and H;

1. Investigation report (to have a witness H telephone conversations);

1. Application of the statutes concerning the contents of text reported by witnesses on indecent conduct on sex;

1. Relevant legal provisions concerning the facts constituting an offense, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. (Indecent Acts in Depopulated Places), Article 298 of the Criminal Act, and selection of fines;

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

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the order of provisional payment is that the defendant recognizes the crime of this case and reflects it, and that the defendant has been punished four times by a fine due to his previous convictions, but the same type of crime is identical.

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