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(영문) 부산지방법원 2017.08.28 2017고단3455
편의시설부정이용등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

Where the above fine is not paid, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. On February 2016, the Defendant found one of the welfare transportation cards (credit card number: C) owned by the victim B at the waiting room located in the French subway No. 1, Busan subway on the date of wintering.

Defendant 1 did not take necessary procedures such as returning the above acquired property to the victim, but did so.

Accordingly, the defendant embezzled the property that has been separated from the possession of the victim.

2. On June 1, 2017, the Defendant illegally uses convenience facilities: (a) entered welfare transportation cards acquired through the method described in the preceding paragraph through the opening outlet of the said subway station, which is a pay automation facility in Busan subway 1; and (b) did not pay KRW 1,300 to the subway; and (c) obtained economic benefits equivalent to the same amount of money by not paying KRW 1,300,000; and (d) acquired economic benefits equivalent to the fare of KRW 1,30,000 using the subway through the same method in several times from the winter date of February 1, 2016 to the date of the said day.

3. Around May 22, 2017, the Defendant committed an indecent act against the victim F (or 29 years of age) in front of the opening of the subway Station E Station No. 2 located in Busan Jin-gu, Busan, on the part of the Defendant in violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an indecent act in a public densely concentrated place) in front of the opening of the subway Station No. 2 located in Busan, Jin-gu, Busan, with his/her finger hand, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. B written statements;

1. A protocol of seizure and a list of seizure;

1. Application of Acts and subordinate statutes on internal reporting (to attachCCTV images);

1. Article 348-2 (Unlawful Use of Convenience Facilities), Article 360 (1) of the Criminal Act (the occupation of embezzlement of deserted articles in possession), Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the occupation of indecent act in a densely concentrated place) concerning criminal facts;

2. Selection of an alternative fine for punishment;

3. Aggravation of concurrent crimes.

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