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(영문) 서울중앙지방법원 2016.07.13 2016고단1825
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 04:00 on December 20, 2015, the Defendant discovered the Victim E ( South, 21 years old) and F ( South, 21 years old, 21 years old) who was diving on a flat level inside the Dongjak-gu Seoul Metropolitan Government Da Sari or the sloping room, and committed an indecent act.

On December 20, 2015, the Defendant: (a) committed an indecent act by cutting off clothes above the upper 04:00 on a regular basis, putting a sexual organ of the victim E, who was locked on a normal level with a scam, with a scambling, and scambling the sexual organ of the victim E; (b) on the same day, at around 04:20, the Defendant committed an indecent act by cutting off the scam of the victim F, who was suffering from the scams and scams at the above place; and (c) scambling the scam of the victim F, who was scamed with his fingers,

On the same day, at around 04:45, the Defendant: (a) laid down the clothes of the said victim F in diving; (b) laid down the locked and rewing the neck of the said victim F; and (c) laid down the neck of the said victim F; and (d) committed an indecent act by putting his hand into the panty and inserting it into the panty and by taking charge of the victim’s sexual organ.

Accordingly, the defendant committed an indecent act against the victims in a remote place.

Summary of Evidence

1. The defendant's legal statement (the third public trial date);

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes to investigation reports (victim E and telephone communications);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Fines concerning the crime;

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 following specific circumstances in the sentencing of Article 334(1) of the Criminal Procedure Act, and the method and degree of the instant indecent act, the relationship between the Defendant and the victims, the age and health conditions of the Defendant, sexual conduct, family environment, and circumstances before and after the commission of the crime, shall be comprehensively considered in determining the sentence identical to the order.

The time to commit a crime and reflect it.

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