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(영문) 서울동부지방법원 2013.10.11 2013고단1459
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

On March 26, 2013, at around 21:30, the Defendant: (a) was seated next to the victim E (the age of 23) who was seated in the front of the Cridge in Songpa-gu Seoul, Songpa-gu, Seoul; (b) was allowed to buck down the part and the part above the bucks and the part above the bucks of the victim on several occasions; (c) the victim was seated on the back seat of the victim who was seated, and (d) the part above the part above the victim’s right side with the left hand of the victim, and (d) the part above the victim’s right side with the upper hand.

The Defendant committed an indecent act against the victim in a bus which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Each investigation report (CCTV video data analysis), application of photographic Acts and subordinate statutes;

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012) and the selection of imprisonment with prison labor, which is applicable to the relevant criminal facts and the selection of a sentence.

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Gu on Probation and Order to Attend;

1. The defendant's assertion as to Article 4 (1) and Article 47 (1) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure of Personal Information, and the proviso to Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the disclosure of personal information shall not be made, taking into account the fact that there was no criminal conviction, and the content and degree of use of force, etc. of the indecent act, etc.). The defendant asserts that the defendant was in an insane or mental and physical state of mental disorder, such as being under the influence of alcohol at the time of the crime of this case and not memory. However, in light of the background and method of the crime of this case, the criminal defendant's behavior before and after the crime, the criminal defendant's ability to discern things or make decisions

It is found that the state has reached a weak state.

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