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(영문) 서울남부지방법원 2014.08.20 2014고단2302

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for not more than ten 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

【Criminal Power” On January 27, 2012, the Defendant was sentenced to a summary order of KRW 2 million by a Seoul Central District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and on January 23, 2014, the Defendant was sentenced to a fine of KRW 3 million by committing a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) in the Suwon District Court’s Ansan Branch on January 23, 2014, up to two times the same criminal records.

【Criminal Facts】 around 18:40 on May 19, 2014, the Defendant committed an indecent act on the part of the Defendant in the subway station located in Guro-gu Seoul, Guro-gu, Seoul, in a manner that the victim B (n, 22 years old), etc. was pushed down his body in behind the subway operated as an additional digital group in the street located in Guro-gu, Guro-gu, Seoul, and the victim’s left hand, and the victim’s her her her her her her her her her her her her her her b

around 07:30 on May 2, 2014, the Defendant discovered that there was the victim C in the bus No. 22 (n. 30 years of age) that passed ahead of 38-gil-dong, Gangseo-gu, Seoul, Gangseo-gu, about 07:30 on May 22, 2014, the Defendant found that there was the victim C in the bus No. 22 (n. g., Ganpo Airport) and that there was approximately 10 minutes of the victim’s back, and that there was the part of the victim’s her sonm.

Accordingly, the defendant committed an indecent act on people in means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of the victim C;

1. A written statement of the victim B;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

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

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 62 (1) of the Criminal Act ( normal consideration in favor of the accused among the reasons for sentencing following the suspended sentence);

1. The Defendant’s reason for sentencing under Article 16(2) and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Crimes committed against Probation and Order to Attend Courses falls under each of the instant cases once again within a short period of time, although he/she had been punished for