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(영문) 제주지방법원 2020.03.18 2019고단1890
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than eight 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

On August 23, 2019, the Defendant was sentenced to a suspended sentence of three years on the 31st of the same month by force at the Jeju District Court for a crime of indecent act by force on the 31st of the same month.

No person shall commit an indecent act on another person in any means of public transportation, place of public performance or assembly, or any other place crowded with the general public.

Nevertheless, on April 2019, the Defendant committed an indecent act against three victims within the city bus, which is a means of public transportation, in which the victim B (the name, the blue, the 24 years old) passes through the passage on the bus, which is a means of public transportation, operating an irregular road not exceeding the 09:0 on the date of Jeju on April 2019, and extending out the blue part of the bus, thereby in contact with the part of the victim, and thereby, committed an indecent act against the victim. From the above date to June 2, 2019, the Defendant committed an indecent act against the three victims within the city bus, which is a means of public transportation, on a total of eight occasions, such as the list of crimes in the attached Table.

Accordingly, the defendant committed an indecent act against the victims in a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement B, C, and D;

1. Application of Acts and subordinate statutes to a 112-report processing table and investigation report (with respect to the attachment of photographs by cutting down CCTV images in buses);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

1. The latter part of Articles 37 and 39 (1) of the Criminal Act concerning the treatment of concurrent crimes (each of the above crimes and the crimes for which judgment has become final and conclusive on August 2019);

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;

1. Probation and order to attend a lecture, Article 62-2 of the Criminal Act, Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to notify disclosure, the age, occupation, family environment, social ties, criminal records, and the risk of re-offending of the accused under the proviso to Article 49 (1) or the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

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