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(영문) 인천지방법원 부천지원 2015.07.22 2015고단1312
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 28, 2015, the Defendant: (a) around 08:20 on the new line of subway 2 located in Guro-gu Seoul, Guro-gu, Guro-gu, Seoul, in the crepane of passengers located in the crepane zone located in the subway line of subway 2, which is located in the subway line of subway 117-21, to be the large-scale railway station; and (b) was pushed down on the right side of the victim C (Influe, 32 years of age) and carried down by hand the victim’s right chest and the winter flue

The Defendant committed an indecent act on the part of the public transportation vehicle during about four minutes prior to arrival in the same route large-scale forest path.

2. At around 08:23 of the same day, the Defendant: (a) pushed down the victim’s mared back to the right side of the victim D (n, 30 years of age) who was concentrated in the gap of passengers located in the subway line 2 of subway lines located in Guro-gu Seoul Metropolitan City, Do Do Do Do Do 352, which was operated as Guro digital group in the Guro digital group; and (b) contacted the victim’s mack.

The Defendant, in the same way, committed indecent act on the victim on the electric car, which is a means of public transportation, for about four minutes, until he arrives in the digital group area of the same route.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement in the police statement of D and C (the defendant denies part of the indecent act but the victim's statement is specific, and there are no circumstances to suspect that the victims made a false or exaggerated statement, it can be sufficiently recognized that the above crime of the defendant is committed, and therefore the defendant's above assertion is without merit) is applied to the law.

1. Article 11 of the Act on the Punishment, etc. of Sexual Crimes and Selection of fines for the crimes in question;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act shall agree with the victims.

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