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(영문) 인천지방법원 부천지원 2013.12.18 2013고단2728
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 16, 2013, between 23:04 and 23:10, the Defendant boarded a bus in the new village located in Mapo-gu Seoul Metropolitan City to the strengthening terminal located in Incheon Si-Gun, and used the situation in which the bus was rapidly parked at the bus stops in front of the private high school located in Kimpo-si, Kimpo-si, and used the situation in which the bus was rapidly parked at the bus stops in Kimpo-si.

Accordingly, the defendant committed an indecent act on the victim in a bus which is a means of public transportation.

Summary of Evidence

1. A statement to the effect that the defendant had no intention to commit an indecent act even though he had physical contact in this Court;

1. The defendant's assertion and judgment of the witness D's legal statement

1. The defendant asserts that he had the intention to deny the intention of indecent act, and that he did not have the intention to commit an indecent act against the victim by making the bus rapidly contacted with the victim's body, and that he did not have the intention to commit an indecent act.

However, the victim consistently states that he committed an indecent act against the defendant by the investigative agency and the defendant until this court, and there is no special reason to make a false statement from the defendant who was unaware of the victim that he committed an indecent act, and considering the fact that the bus cannot be seen to be immediately cut off to the sprinked, and that the passenger who was seated in the sponsed cannot be seen to have been sponsed to the sponsing direction and contacted the body of the victim, the defendant can recognize the facts that the bus committed an indecent act against the victim by using a cresh in which the bus is rapidly parked. Accordingly, the above argument by the defendant is rejected.

Although the defendant is dissatisfied with the illegality of the criminal identification procedure, since the defendant specified the offender through the mobile phone of the defendant who was located in the bus, the legitimacy of the criminal identification procedure does not interfere with recognizing the criminal facts of this case against the defendant, and the legitimacy of such procedure affects the credibility of the victim's statement.

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