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(영문) 서울남부지방법원 2018.07.13 2017고단4666
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

Where a defendant fails to pay a fine, one hundred thousand won shall be the day.

Reasons

Punishment of the crime

On July 1, 2017, at around 17:20, the Defendant followed the victim D (the age of 31) waiting for a comprehensive sports field rapid training train at the platform of Seoul subway Co., Ltd. 9 and 1-4 times in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul around July 1, 2017, and asked the victim to spread any other liquid gap that is congested around, and ask the victim into the part, such as clothes of the victim.

The defendant is attempting to help the victim to cut off the victim.

At the same time, the victim was indecently committed in a place where the public is concentrated by making it clear that the victim, etc. was strokeing with the victim, etc. by hand, and making it strokes over about 50 seconds, such as the string part of the string, the string part of the string part, and the string part, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes on the screen by reporting internal accidents, CCTV images, and capturing CCTV images;

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

1. The defendant and his defense counsel's assertion of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order asserts that the defendant, in good faith, committed an indecent act against the victim, such as throwing away certain substances after obtaining the victim's consent at the time, and intentionally spraying such substances to the victim.

The following facts or circumstances, which are acknowledged by taking account of each of the evidence in the judgment, namely, the defendant, who committed an act of spreading a certain substance immediately before the crime to the victim, etc., and asked the victim, etc. before the crime, but the defendant was detained continuously from the upper part to the lower part of the victim, and the victim's consent is a defective declaration of intent regarding the above circumstances.

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