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(영문) 서울북부지방법원 2015.07.16 2015고단1541

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 March 12, 2015, around 08:20 on March 12, 2015, the Defendant: (a) taken a train from the U.S. S. S. S. Island 50 (U.S. children) to the private room; (b) committed an indecent act against the victim C by taking advantage of the congested state in the subway located in the same subway station for about 12 minutes until he/she arrives at the same subway station; and (c) by taking advantage of the congested state in the same subway station, the Defendant committed an indecent act against the victim C (n.e., the victim (n., the 21-year old)

2. On March 20, 2015, around 08:20, the Defendant committed an indecent act against the victim in a way that the victim D (the 19-year old), who is aboard the subway line 4 prior to the operation of the subway line, is her knife one time by the Defendant’s knife, and continuously her knife his knife in front of the victim’s right side by continuously boarding the knife with his knife at the front of the victim’s right side.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement of C or D;

1. Application of Acts and subordinate statutes of the No. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S. S.

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts (the point of each indecent act and the choice of each imprisonment);

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes as provided for in the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Place of Public Smuggling)

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. On the grounds of sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant, the main sentencing factors include the following: (a) the suspension of the execution of imprisonment on the condition of an additional disposition, taking into account the motive, age, occupation, character and behavior of the Defendant and living environment of the Defendant; and (b) the criminal investigation agency’s recognition of the crime, intellectual disability 3, and the economic difficulties that the Defendant’s family members will suffer