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Reasons
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(영문) 인천지방법원 2015.01.16 2014고합645
성폭력범죄의처벌및피해자보호등에관한법률위반(공중밀집장소에서의추행)
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Defendant shall be punished by a fine of KRW 4,500,000.

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

Reasons

Punishment of the crime

1. On April 9, 2014, the Defendant, the person against whom the attachment order was requested, and the person against whom the probation order was requested (hereinafter “Defendant”), discovered that the victim C (the age of 22) was seated on the bus No. 907 at the bus stops of the Incheon Southern-dong Industrial Complex around April 17:40, 2014 and went to the victim.

At around 18:20 on the same day, the Defendant: (a) around 18:20 on the same day, when the bus was operated in the direction of a white station from the sloping distance, was operated by many passengers; (b) the sexual flag emitted from the side of the victim by making use of a congested gap, and (c) approximately 5 seconds above the shoulder of the victim; and (d) the Defendant, when the victim transferred the Defendant to the right side of the damage, was her seat back to the victim, was her boomd with the victim’s hand.

In this respect, the Defendant committed indecent act against the victim at a public gathering place.

2. On April 17, 2014, the Defendant: (a) boarded on a bus No. 907 at the upstream of the top shuttletle bus bus stops of the Incheon Southern-dong Authority around 17:54 on April 17, 2014; (b) discovered that the victim listed in the foregoing paragraph (1) was seated at the rear seat of the said bus and went to the victim on around 18:20 on the same day.

At the time of the operation of the bus in the direction of the backway from the smooth Triline, the Defendant met the shoulder of the victim by using the gap that many passengers are congested, and cutting the victim's chest side to the victim's chest, and the Defendant, who moved the defendant to the damaged area, was the victim's grandchildren depending on the victim.

In this respect, the Defendant committed indecent act against the victim at a public gathering place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to the Kakao Stockholm photographs, CCTV photographs No. 907, and the bus routes No. 907;

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

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Code are imposed.

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