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(영문) 서울중앙지방법원 2020.03.20 2019고단8219

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On October 22, 2019, between 08:10 and 08:24 on the same day, the Defendant saw the Defendant’s left buckbucks in the front train of the subway 4 lines, within the subway 2 lines, and in the back of the victim C (V, 22 years old), the Defendant saw the Defendant’s left bucks that the victim’s left bucks bucks on several occasions on the left part of the victim’s right side, and fucks one time at the right buck of the victim’s right side.

Accordingly, the Defendant committed an indecent act against the victim in the front car, which is a place where the public is concentrated.

2. On October 29, 2019, between 08:26 and 08:40 on the same day, the Defendant closely adhered the Defendant’s sexual flag to the part of the victim’s her mack, left behind the back of the victim E (V, 46 years old) within the subway 4-line-line-line-line-based mobile trains of the subway 4-line-line-line-based mobile trains.

Accordingly, the Defendant committed an indecent act against the victim in the front car, which is a place where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of C and E;

1. Each investigation report (case of confirmation of the suspect, case of confirmation of the suspect, case of confirmation of the criminal scene, case of specific case of the criminal train and time of crime, and case of tracking and confirmation of the suspect);

1. Application of Acts and subordinate statutes to photographs (Evidence List 14);

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

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. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Social Service Order;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. The grounds for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities are as follows: (a) a fine of one million won shall be imposed on July 10, 2015; and (b) a suspended sentence of four months shall be imposed on imprisonment with labor for the same crime on February 3, 2017.