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(영문) 부산지방법원 2017.04.19 2016고단6010
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) was accommodated in and off a sports hall near D’s station; (b) was fleeped to the ordinary people’s day-to-day, 07:00, the day-to-day day-time day-to-day day-to-day day-to-day day-day day-to-day day-day day-to-day day-day day-to-day, Busan City Railroad 3; (c) went back to D’s station from Jicheoncheon Station; and (d) the victim E (a) was ordinarily 07:26, 07:37, when getting on a 3-day line from Jicheon Station to go back to D’s Station; and (d) the victim E (a) was flicked to go back from Jicheoncheon Station around 07:37.

1. On June 29, 2016, around 07:30, the Defendant committed an indecent act against the victim at the front-dong in the direction of Seocheon-gu Busan Metropolitan City Railroad 3, Seocheon-gu, Busan Metropolitan City (hereinafter “Seoul Metropolitan City Railroad”) by using a congested gap in the entrance, leading the victim to her sexual organ on the hand of the victim, leading the victim to her sexual organ again by moving the victim's body, moving the victim's body and moving the body to the victim's hand, bringing the victim's sexual organ to her sexual organ, and committing an indecent act at a public-populated place.

2. The following seals are affixed to the defendant:

6. Around 307:35, around the 307:35, the victim committed an indecent act at the victim’s her sexual organ to the next son of the victim, using the congested gap within the 3-ray train of Busan City Railroad No. 3, and by using the congested gap, the victim’s her sexual organ brought about to the victim’s her sexual organ, and at the public concentrated place.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness E;

1. Statement made by the police with respect to E;

1. The 112 Report Processing List, suspect form, request for cooperation in each investigation (the net time 8 to 10), internal investigation report (the background of recognition and the relevance to internal investigation in the vicinity of the site), CCTV-cape photograph, each investigation report (the net time 13, 14, 17, and 21), subway tickets identification report, subway tickets identification report, subway tickets identification report, one time subway tag, suspect moving manual tracking, photograph attachment [the defendant did not commit an indecent act against the victim], but the victim argued to the effect that he did not commit an indecent act against the victim.

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