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(영문) 수원지방법원 안양지원 2017.10.27 2017고단1383
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On April 17, 2017, around 08:05, the Defendant committed an indecent act against the victim at a densely-populated public place in approximately 10 minutes, by attaching even after the victim D (V, 30 years old) in the front line of the 10th passenger vehicle of the 10th passenger vehicle of the Cheong-dong subway 1, Seo-dong subway 1, Seo-dong (Ston Station 1).

2. On April 24, 2017, around 07:40, the Defendant committed an indecent act against the victim in a densely concentrated place for about 8 minutes in a public place by attaching even the victim F (n, 27 years old), after the victim F (n, n.e., the victim’s sexual mar in the 10th passenger vehicle (in addition to the digital short area added in the tin railroad station) of the E-dong 10th passenger vehicle of the E-dong 10.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F or D;

1. Application of the Acts and subordinate statutes governing the crime scene photograph, closure photograph, photograph of the place of crime, and photograph of the victim;

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. The sentencing of Article 334(1) of the Criminal Procedure Act is flexible - the unfavorable circumstances: In light of the background, content, frequency, etc. of the crime, the nature of the crime is not somewhat weak in light of the crime, and there is a criminal record of a fine due to the same kind of crime in around 2011; favorable circumstances: the defendant is against the defendant's mistake; the victims do not want the punishment against the defendant; the victims do not have any criminal record other than the above criminal record - Other circumstances: the defendant's age, sex, occupation, family relation, and the judgment of conviction against the defendant is finalized.

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