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(영문) 서울북부지방법원 2017.09.14 2017고단932
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

On November 24, 2016, around 07:40, the Defendant:38, the Dobong-ro 338, the subway No. 4, and the 10-4, the Eastern History Cultural Park Station in the Eastern Station in the Eastern Station: (a) was pushed the Defendant’s sexual flag over the victim C (Influence, 18 years of age) by using the gap where the surrounding areas are mixed; and (b) was pushed ahead with the victim C, and the Defendant was tightly pushed back on the fluor and fluor of the damaged person’s sexual organ, and the latter was tightly sealed and continuously sealed into the part of the victim’s fluor, thereby gathering the left hand on the part of the victim’s fluor.

As a result, the Defendant committed an indecent act against the victim about 14 minutes within the former vehicle, which is a means of public transportation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by the witness C and D (the statements made at the victim's investigative agency and court) is generally consistent and specific as to the defendant's act at the time of the instant case, the content of damage, the fear and response of the victim, the situation before and after the commission of the crime, and the circumstances where the false statement is not visible, and its credibility is recognized in light of the degree of attitude of the statement in this court.

Therefore, according to each evidence of the judgment, the application of the law is recognized to have committed an indecent act against the victim).

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

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 Punishment, etc. of Sexual Crimes against an Order to attend a lecture or an order to provide community service;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children’s Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship, criminal record, and risk of recidivism; profits and preventive effects expected from the disclosure order and Notification Order; disadvantages and side effects therefrom, etc. shall not be disclosed or notified.

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