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(영문) 서울남부지방법원 2016.08.26 2016고합314
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

The defendant shall be ordered to complete 40 hours of sexual assault treatment lectures.

(b) the defendant;

Reasons

Punishment of the crime

[criminal record] On January 25, 2013, the Defendant and the person requesting an attachment order (hereinafter “Defendant”) were sentenced to six months of imprisonment by the Seoul Southern District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent act in a densely concentrated place) and have four times of criminal records in total, including the completion of the execution of the sentence on May 28, 2013.

[2] On February 23, 2016, around 07:50, the Defendant: (a) inside the “C” bus operated in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu; (b) attached to the victim D (one, half, age 64) seated in the seat; (c) placed about 10 minutes of the Defendant’s sexual organ on the right arms of the victim; and (d) repeated the Defendant’s finger with his hand bags cited by the Defendant.

Accordingly, the defendant committed an indecent act against the victim in the bus which is a densely concentrated place.

Summary of Evidence

1. While the Defendant consented to the police statements and written statements by the victimized person, the victim died on May 5, 2016 and appears to have been made under particularly reliable circumstances, the admissibility of evidence is recognized in accordance with Article 314 of the Criminal Procedure Act;

Each police statement protocol against E

1. Written statements of victims of D;

1. CCTV photographs and investigation reports (investigations into the confirmation of CCTV images);

1. Previous conviction: He asserts that a reply to inquiry, such as criminal history, and a report of investigation (Attachment to the status of acceptance of such previous decisions) (the defendant and his defense counsel asserts that the defendant's bridge of the defendant in the course of having contacted the defendant's arms and that there is no intentional indecent act on the part of the victim.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant can be recognized as committing an indecent act against the victim as stated in its reasoning and the above assertion is not accepted as it is recognized as the intention of indecent act.

(1) The injured party shall have ten minutes of the sex on the right part of the injured party in an investigative agency.

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