(영문) 서울동부지방법원 2016.04.29 2015고단3690

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(영문) 서울동부지방법원 2016.04.29 2015고단3690

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On September 6, 2015, from around 20:40 to 23:10, the Defendant started Donggugu and committed an indecent act against the victim in public means of transportation, which is a place where the public is concentrated, by putting a hand on the side of the Defendant, around the passage of the IC branch where he was permanently permanently stationed in the C high-speed bus operated to the Seoul Gangnam-gu shuttle bus, following the passage of the IC branch where he was permanently stationed in the air. The Defendant 20:40 to around 20:40 to around 23:10.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Notification to the 112 Report-Related Department [victim D] is relatively consistent and detailed from an investigative agency to this court, and the victim does not peep into the motive to make a false statement or circumstances that make a false statement in the above statement.

Furthermore, in light of the circumstances such as the fact that the victim was aware of the Defendant’s crime by leaving the room, and immediately informed the male-gu of this fact to the male-gu Kakakao Stockholm and the high-speed bus article, and that the former reported it to the male-gu 112.

On the other hand, the Defendant alleged to the effect that the Defendant might have contacted the Defendant’s hand, etc. on his own bridge at the time. However, in light of the victim’s consistent statement that the Defendant’s hand and hand bucks, etc. were only caused by the victim’s hand and hand bucks, etc., it is difficult to believe it as it is in fact in light of the victim’s consistent statement at this court and investigative agency.

Therefore, the fact that the defendant committed the crime is sufficiently recognized.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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