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(영문) 수원지방법원 2016.03.31 2015고단4630
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

On August 28, 2015, the Defendant committed an indecent act by committing an indecent act for about one minute on the victim’s right shouldering part, who was sitting in the back of the victim D (the 24 years old), and was sitting in the front seat of the passenger belonging to the general passenger of the Gansi-si., which had been operating the national highways above the 0-si, Man-si, Man-si, Man-si.

Accordingly, the defendant committed an indecent act on the victim in a public transport bus.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes of E’s written statements;

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

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 judgment and the defense counsel on the issue of Article 334(1) of the Criminal Procedure Act regarding the issue of the provisional payment order is that the defendant was living far away from the bus, and the defendant was living together with the seat of the front seat, and in the process, whether the defendant's hand was in contact with the body of the victim, but the defendant alleged that he did not intentionally commit an indecent act on the part of the victim, but the defendant was extremely far away from the bus to the extent that he was unable to recognize that his hand was in contact with the body of the victim.

There is no circumstance to see, and in light of the behavior of indecent act and the circumstances at the time, the criminal intent of the defendant and his defense counsel is not accepted, since the defendant's above assertion is not acceptable, since he can be recognized in light of the cresh between the front seat of the victim and the bus windows, such as extending out the arms and spreading the arms of the victim.

The punishment shall be determined as ordered in consideration of the method and form of the crime for sentencing, the degree of damage, etc., but the punishment shall be determined as ordered in consideration of the fact that the defendant is the primary offender.

Where a conviction against a defendant is finalized for a crime committed in the judgment that the personal information shall be registered and submitted.

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