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(영문) 인천지방법원 부천지원 2015.07.15 2015고단712

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

On January 19, 2015, the Defendant committed an indecent act at a public densely-populated place, such as, in a bus No. 50 affiliated with the E company operating the same Gu-Si Gun-dong Gun-dong Gun-dong Gun-dong Gun-dong Gun-dong Gun-dong Gun-dong Gun-dong Gun-dong Gun-dong Gun-dong Gun-dong Gun-dong Do, the victim G (Vin, 21 years old)’s

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. On the investigation report (CCTV analysis), the defendant and his defense counsel asserted that physical contact could have occurred in very complicated buses, but they did not intentionally commit the act identical to the crime of this case. Thus, the defendant and his defense counsel stated that they were indecent acts by the defendant against the defendant until the investigation agency and this court was duly adopted and investigated as follows: considering the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the victim was made guilty of indecent acts by the defendant; considering that the statement on the part, method, degree, etc. of indecent acts is specific and consistent and its credibility is recognized, the defendant's indecent act and intent can be sufficiently recognized; therefore, the defendant and his defense counsel's above assertion is without merit).

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

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

1. The reason for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Scope of Recommendation Punishment) is the general standard for the crime of indecent act by compulsion (subject to the age of 13 or older) and the basic area (6 or 2 or more years) of the crime of indecent act by compulsion [decision of sentence] [decision of sentence] the defendant does not reflect the defendant's denial of the crime while denying the crime, and the victim wishes to punish the defendant, although the defendant committed the crime of this kind, he/she has a record of being sentenced to suspended sentence due to sexual trafficking, etc.

However, there is no record that the defendant was punished for the same crime.