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(영문) 인천지방법원 부천지원 2017.09.20 2017고단1651

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 16, 2017, around 08:07, the Defendant: (a) committed an indecent act by committing a buck in the manner that the bucks part of the victim’s bucks by bucking down to the side of the victim B (n, 19 years of age) where the bucks were located at the bucking station in Guro-gu Seoul Metropolitan City by using the bucks.

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

2. On May 17, 2017, around 10:06, the Defendant: (a) committed an indecent act against the part of the victim’s her mared after the victim C (V, 19 years of age) who was boomed in the boom of the subway No. 1 located in Guro-gu Seoul Metropolitan City by booming the part of the victim’s mack with the Defendant’s hand, etc., within the boom of the subway No. 1 located in Guro-gu.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against B and C;

1. Application of Acts and subordinate statutes, such as screen pictures and CDs, to each crime scene;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to 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 sentence identical to the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by community service or an order to attend a lecture and the conditions of sentencing indicated in the records, such as the defendant’s age, occupation, sex, sex, family relationship, living environment, circumstances leading to the crime, and circumstances after the

- The defendant found his mistake.

- The Defendant committed a crime against many unspecified victims.

During this framework, two victims suffered damage, and the degree of prosecution is not somewhat weak.

- The victims shall be made of a considerable sense of sexual humiliation, aversion, and insult.