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(영문) 서울남부지방법원 2016.12.09 2016고단4121

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등

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A defendant shall be punished by imprisonment for six 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

around 06:18 on June 25, 2016, the Defendant committed each indecent act against the victims in public means of transportation, such as means of public transportation, places of public performances and assemblies, where kneeeeeeeeeeeeeeeeeeeeeeee is limited twice to the victims who were standing next to 21 years of age, and other places where the public is concentrated, where kneeee is limited twice to the victims who were living next to 25 years of age, in the direction of the 55-ro Mansan Station in Mapo-gu Seoul, Mapo-gu.

around 13:30 on August 27, 2016, the Defendant: (a) boarded in the bus stops located in Gwanak-gu in Seoul Special Metropolitan City, Seoul Special Metropolitan City; (b) opened the buckbucks located in the Defendant’s side seat by hand; (c) continued to contact the bucks by the Defendant with the bucks in the victim’s bucks; and (d) made the victim’s bucks in contact with the bucks by force.

Summary of Evidence

"2016 Highest 4121"

1. Court statement of the defendant (the second trial date);

1. Statement made to C by the police;

1. Investigation report (report on the results of telephone conversations conducted by Twitman H) 2016 Highest 4969;

1. Defendant's legal statement;

1. G statements;

1. Investigation report (CCTV video review);

1. Application of Acts and subordinate statutes to photographs by cutting ctv images in a bus;

1. Relevant Articles of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Punishment, etc. of Specific Crimes, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 298 of the Criminal Act and the Selection of Imprisonment;

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 (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act, Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Scope of recommended sentences according to the sentencing criteria;

(a) The first type of indecent act by compulsion (the range of recommendations) shall be the general standard of the crime of indecent act by compulsion.