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(영문) 서울중앙지방법원 2020.06.04 2020고단1071

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

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A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. From around 18:30 on December 6, 2019 to 19:00, the Defendant committed an indecent act in a way that the Defendant committed an indecent act in the way of closely reporting the sexual organ of the victim in front of the victim B (the name of the victim, the son, and the 28 years of age) in the electric vehicle driving in the direction of the beneficiaries from the Seoul subway Line 4 Station located in Jongno-gu Seoul Metropolitan City, Jongno-gu 308.

2. On December 6, 2019, around 19:00, the Defendant committed an indecent act in a way that refluents the victim’s sexual bucks, following the victim C (one name, half, and 32 years old) in the front-time vehicle that proceeds from the direction of the distance of the baby located in the Seongbuk-gu Seoul Metropolitan Government (Seoul subway No. 4 Line 102).

3. On December 6, 2019, around 19:20, the Defendant committed an indecent act in a way that knenee knee knee knee knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Accordingly, the Defendant committed an indecent act against three victims in subway trains, which are places where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each Act and subordinate statutes to police statements made to B (tentative name), C (tentative name), and D (tentative name);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Disabled Persons on September 3, 2003 is that the defendant was sentenced to a fine of one million won for the same crime as this case on September 3, 2003, and it is not good that the defendant committed an indecent act by consecutively harming three women in the subway train, and that the victims are discomfort.