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(영문) 서울중앙지방법원 2018.03.23 2017고단8961

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around July 30, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment of Sexual Crimes against Victims C (Indecent Conduct at Public C) committed an indecent act against the victim at a place where the victim C (hereinafter “E”), who was divingd in a women’s exclusive water surface room located in Seocho-gu Seoul Metropolitan Government, was located in Seocho-gu, one time by hand, with the right buckbucks located in the victim C (hereinafter “E”), and committed an indecent act against the victim at a place where the public is concentrated.

2. The Defendant violated the Act on Special Cases Concerning the Punishment of Sexual Crimes against the Victim F (Indecent Conduct in Public Crows) committed an indecent act against the Victim F at a place where the Victim F (F) was locked on the same day by hand at the right chest of the Victim F (F (FF, 20 years of age) one time and the public is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

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

1. A written statement prepared in C;

1. A investigation report (STV image verification and field identification);

1. Application of the Acts and subordinate statutes, 4 copies of field photographs, 6 copies of CCTV cameras, and 6 copies of removed photographs related to the crime of the suspect;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor for the crime;

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 on the suspended execution;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend the Republic of Korea was that the Defendant was sentenced to a suspended sentence of imprisonment due to larceny and was sentenced to a fine of several times for the same criminal records. Around January 2017, the Defendant was found to have committed the same criminal act and was subject to a suspended sentence on the grounds that he/she was found to have agreed upon (45,114). The Defendant changed the course of shooting of a camera in the Republic of Korea and committed the instant criminal act on two occasions and did not agree with the victims.

However, the defendant reflects the crime of this case, the defendant has no criminal record of the suspension of execution or more due to the same criminal record, and the age, sex, environment of the defendant.