성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
A defendant shall be punished by imprisonment for four months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On June 21, 2013, around 09:06, the Defendant committed an indecent act against the victim at the front line of the subway line 2, which was driven by the Western Station in Seoul Saly Station, after being pushed back by the victim C (V, 30 years of age). The Defendant, with his hand, committed an indecent act against the victim at the place of public smuggling.
Summary of Evidence
1. The defendant's partial statement in the first protocol of trial;
1. Witnesses D and E's respective legal statements;
1. Statement made by C of a witness in the second protocol of trial;
1. Application of the police protocol law to C
1. Relevant Article 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 of Sexual Crimes;
1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);
1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation;
1. Determination of the Defendant and his/her defense counsel’s assertion under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant and his/her defense counsel, the Defendant and his/her defense counsel denies the charge that the Defendant’s grandchildren, while faced with the Defendant and the victim, contacted the victim’s her but the Defendant did not commit indecent
In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant can be found to have committed an indecent act against the victim as stated in the facts charged. Thus, the defendant and the defense counsel's assertion is not accepted.
① The victim stated in the police that “a man who was in the front and rear, her knife, her knife, her knife, and her knife, her knife, her knife,” and in the court, the victim stated that “a man who was in the front and rear her knife knife knife, her body, and her knife, she would have been moving to the future as her knife, and the victim’s knife is not able to make false statements
(2) The field;