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(영문) 춘천지방법원 속초지원 2018.08.13 2018고단116

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

At around 05:40 on March 17, 2018, the Defendant: (a) accumulated ebry soup room D at the early early 05:40, the victim F (n, 15 years old); (b) laid down the Defendant’s fright on the left part of the damaged person’s body; and (c) laid down the victim’s body behind him; and (d) laid down the victim’s body, such as the victim’s back lyinger, etc.; and (b) laid down the victim’s body on the cover of the victim’s body, the Defendant stated that “the victim’s body part, such as the victim’s left side by inserting the fright, etc.,” but, on the record, it is unclear where the victim’s body part on the part of the facts charged, to the extent that it does not interfere with the Defendant’s exercise of right to defense, the Defendant lawfully adopted part of the facts charged and corrected ex officio based on evidence admitted by this court.

The victim committed an indecent act by deceiving B and committing the crime.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes on the statement made by the police in G and F;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, in which the Defendant is closely against the instant crime, the degree of criminal conduct is not relatively excessive, and the Defendant has a record of being punished by a fine and a suspended sentence due to a similar crime even before, and is likely to repeat a crime in light of the Defendant’s tendency, criminal records, etc.

The defendant's age, gender, etc. shall be determined.