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(영문) 서울중앙지방법원 2019.01.11 2018고단7039

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 13, 2018, the Defendant, at around 19:10, committed an indecent act against the victim in a public densely-populated place by taking over three times the victim’s left side gate of the victim D (name, 26 years of age) that he/she was suffering from diving in the Cnam-Only Ba, which is located underground of the building B in Gwanak-gu, Seoul Special Metropolitan City, in a manner that the victim 10 seconds off his/her son and her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The investigation report (on-site situation of the police officer in charge of the on-site mobilization) (the defendant asserts that the victim's side gate part is only about 2 to 3 times. However, the defendant asserted that the defendant was only about 2 to 3 times, but this court may accept the defendant's argument in the facts charged in this case because the victim has consistently stated the facts of the indecent act as stated in the facts charged in this case by the investigation agency, i.e., the victim's first physical contact with the defendant, since there is no distinction between the defendant's intention of being lost or intentional, the victim's hand and her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

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 punishment, etc. of sexual assault crimes;