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(영문) 서울남부지방법원 2016.06.28 2016고단1259

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] In light of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes at the Seoul Central District Court on October 17, 201, the Defendant appears to have issued a summary order of KRW 2,000,000 as a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crow Places), and on May 10, 2013, the phrase “ May 3, 2013” as written in the written indictment appears to be a clerical error in the indictment, and even if it is corrected without any changes in the indictment, it does not seem to have a substantial impediment to the Defendant’s exercise of his/her right to defense. Accordingly, the above correction shall be made ex officio.

A person who has received a summary order of KRW 3,000,000 from the Seoul Central District Court as an offense of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crow Places).

[2] On March 4, 2016, between around 19:01 to 19:05, the Defendant boarded from the 3-3 partitions of the rapid train leading to E station in the line D Line 9, Dongjak-gu Seoul Metropolitan Government, Seoul, to E station, and then pushed the Defendant’s sexual flag and line several times at the victim’s am, which was suffering from the shorter mar, after the victim F (n, 26 years of age). The Defendant pushed the Defendant’s sexual flag and line on several occasions on the part of the victim’s ambling floor.

Accordingly, the defendant committed an indecent act against the victim in the means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Suppression photographs with a duplicating video without any control site;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, investigation report (report on confirmation, etc. of the records of the same criminal act as the suspect), and a copy of each summary order;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 of the Criminal Act, Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes are well aware of the fact that the defendant was subject to a fine twice or twice in 2011 and 2013 for the same crime.