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(영문) 인천지방법원 2019.02.14 2018고단8286

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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.

Reasons

Punishment of the crime

피고인은 2018. 10. 22. 18:25경부터 같은 날 18:43경까지 사이에 서울지하철 1호선 신도림역에서 동인천 방면으로 운행하는 급행 전동차 안에서 피해자 B(여, 21세)의 등 뒤에 밀착하여 자신의 성기를 피해자의 엉덩이에 수회 비벼대고, 계속하여 피해자 C(여, 21세)의 등 뒤에 밀착한 후 자신의 성기를 피해자의 엉덩이에 수회 비벼댔다.

Accordingly, the Defendant committed an indecent act against the victims in the electric car, which is a place of public secrecy.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning B and C;

1. Application of C’s written laws and regulations

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof;

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, where the Defendant had previously been punished for the same kind of crime, and in this case, the victims did not receive a written request even though he/she had suffered considerable mental pain, it is necessary to punish the victims with strict punishment corresponding thereto.

However, considering the fact that the defendant is aged and the defendant committed the crime of this case while being committed, his mistake is divided into several circumstances favorable to the defendant, it is judged as ordered in consideration of the degree and degree of the indecent act of this case, the age and conduct of the defendant, the age, character and conduct, environment, motive and means of the crime of this case, the motive and means of the crime of this case, and the circumstances after the crime.

When a conviction on a sex crime subject to registration becomes final and conclusive, the defendant shall be subject to special cases concerning the punishment, etc. of sexual crimes.