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(영문) 서울북부지방법원 2017.05.18 2017고단1247
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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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. The Defendant committed the crime against the victim B around March 10, 2017, around 08:07, at the subway No. 4 line D located in Seoul, the Defendant met with the victim’s left hand hand, even on the left hand, and opened up the victim’s right hand.

Accordingly, the defendant committed an indecent act against the victim within the former train which is a means of public transportation.

2. On March 10, 2017, around 08:10 on March 10, 2017, the Defendant committed the crime against the victim E, and, after the victim E (V, 18 years old) boarding the electric train in the subway line G station located in Seoul F, the Defendant adhered approximately 15 minutes of the sexual organ to the her her her her son until the her son arrives in the I Station located in Seoul H.

Accordingly, the defendant committed an indecent act against the victim within the former train which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A report on investigation;

1. Report on investigation (Attachment of photographs to evidence before the scene of the crime), and photographs showing the evidence before the scene of the crime;

1. Application of investigation reports (a written statement attached to the victim B), written statements, and statutes;

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

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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The sentencing is determined.

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