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(영문) 서울동부지방법원 2013.05.23 2013고단546

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

Criminal facts

While the defendant had committed an indecent act on the means of public transportation with the mind of committing an indecent act on the sexual traffic, he had tried the victims who board the city bus to commit an indecent act.

On February 15, 2013, around 09:10 on February 15, 2013, the Defendant discovered the victim F (or 22 years of age) boarding the bus bus at the bus stops in Songpa-gu Seoul Metropolitan Government, and subsequently, the Defendant committed an indecent act against the victim at a place where the public is densely concentrated, such as breaking out the marth generated out of the snar learning site and breaking the mar of the female.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. The application of Acts and subordinate statutes to the State and the written response for appraisal;

1. Article 11 of the relevant Act on Criminal Crimes and the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012; hereinafter the same shall apply), the selection of imprisonment with prison labor;

1. Article 62 (1) of the Criminal Act;

1. Although the crime of sentencing under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on Probation and Order to Attend, the degree of indecent conduct may be mitigated, the punishment is determined as ordered in consideration of various circumstances, such as the following: (a) the confession of and reflects the crime; (b) the history of being subject to a disposition of suspending indictment and a disposition of not having the right to institute a prosecution for the same crime; (c) there is no criminal record subject to criminal punishment; (d) even though it is not limited to mental and physical disability, it appears to be somewhat necessary for the mental treatment; (e) the Defendant’s parents and other family members are also under medical treatment; and

Public Prosecution Rejection Parts

1. The Defendant was committing an indecent act on the part of the facts charged, following the Defendant: (a) committed an indecent act on the part of the means of public transportation with the mind of committing an indecent act on the part of the Defendant; (b) brought about the victims boarding the city bus

The defendant from February 1, 2013 to 18:30 on the same day, Songpa-gu Seoul.