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(영문) 서울남부지방법원 2021.02.09 2020고단5641

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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. On September 1, 2020, the Defendant: (a) boarded on September 1, 202, 08:12, the Defendant committed an indecent act against the victim on September 1, 202 by putting the victim’s her her her senth on the her her her her mm and her her bbbbbbs, and her her her mm and her her her bbbbbbbs.

2. On September 3, 2020, the Defendant: (a) on September 3, 2020, 08:27, 2020, on board the subway line No. 1, subway lines No. 1, subway lines No. 1, subway lines around September 3, 2020, and stopped passengers getting on and off the audience of Geumcheon-gu, Geumcheon-gu, and committed an indecent act against the victim by closely sticking the victim’s her sexual flag to the victim E (Woo, 33 years of age).

3. The Defendant committed the crime of September 7, 2020, on September 7, 2020, 2020: (a) on board the train of subway line No. 1 in subway line No. 08:30 on September 7, 2020, the Defendant committed an indecent act against the victim by closely sticking the victim’s her sexual organ to his her son while passing about seven minutes after Geumcheon-gu’s G (n. 23 years of age).

Accordingly, the defendant committed indecent acts against victims in a concentrated place on three occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol with respect to E and G;

1. A written statement prepared in C;

1. Application of the Acts and subordinate statutes to the places where crimes are committed inside each of the dynamic images, and the intensity of each of the closures;

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

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

1. Article 62 (1) of the Criminal Act, Article 60 (3) of the Juvenile Act, Article 60 of the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, motive for and method of the instant crime, etc.)