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(영문) 의정부지방법원 고양지원 2020.01.30 2019고단2966

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

1. On July 11, 2019, the Defendant violated the Act on the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) (hereinafter “Indecent Acts”) committed an act on the right side of the victim B (a while moving the electric rolling stock of the Seoul subway 3, the electric rolling stock was seated on the right side of the right side of the said passenger by his/her own hand at around the time when he/she passed around the 1429 in the height of the Goyang-gu, Seoyangyang-gu, Goyangyang-gu.) around July 22 and 10, 2019.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

2. On July 11, 2019, the Defendant: (a) around 22:12, Goyang-si, Goyang-gu, Goyang-si, the Defendant 2: (b) 3 of the Seoul subway Line 60, Goyang-gu, Seoyang-gu, Seoyang-si, stated that the front door door of the train was “where the Defendant was infinite; (c) the Defendant laid off the front door of the train to the face of the passenger without any defect; and (d) the Defendant findd the victim’s left part of the buckbbbbbs.

3. Around 23:00 on July 11, 2019, the Defendant: (a) voluntarily committed the crime of paragraphs (1) and (2) above at the D District D District District located in Yongsan-gu, Yongsan-gu; (b) and (c) was requested by the victim E, a police officer, to prepare a written consent and a written statement from the victim E; and (c) was seen as the victim in front of the above B, F, and G, etc., the Defendant publicly insultingd the victim by saying, “Ise the victim, and, at the same time, Is the victim, who did not grow, Isle, Isphere, Isphere, Isphere, Isphere, Isphere, Isphere, Isphere, Isphere, and how Isphere Isphere.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to B and H;

1. Application of each statute of the I and F;

1. Relevant provisions of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment of Sexual Crimes, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 31 of the Criminal Act, Article 260 (1) of the Criminal Act and the Selection of Imprisonment with prison labor;

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: