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(영문) 서울서부지방법원 2017.08.09 2017고단1413
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

From around B, in 2016, the Defendant showed the symptoms of the engine from around B, 2016, and had the body of women in contact with their sexual organ so that they can stimulate them.

1. On November 21, 2016, the Defendant committed an indecent act against the victim in a bus in which the Seodaemun-gu Seoul Metropolitan Government red control station was passed, following the victim F (n, 23 years of age) of the victim F (n, female, 23 years of age), knife his/her finger, knife his/her sexual flag, and knife his/her sexual flag on the part of the victim, which is a place where the victim’s knife’s knife is a place where the knife is densely

2. On April 13, 2017, around 08:05, the Defendant committed an indecent act against the victim in a bus located in a densely concentrated public place, by diversing the victim’s sexual flag on the side of the victim F, who was seated in the G bus that runs in the direction of the shooting distance of Seodaemun-gu Seoul, Seodaemun-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

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

1. The written statement of the defendant;

1. Application of Acts and subordinate statutes to a report on internal investigation (the verification of CCTV around the place where such report was made) and a report on internal investigation (or extractment fromCCTV);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the grounds for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an order to attend a lecture do not seem to have a strong sense of sexual humiliation or mental suffering caused by an indecent act two times, the punishment as ordered shall be determined by taking into account the following factors: (a) the responsibility of the crime is unlimited; (b) the Defendant’s mistake is against his/her own mistake; (c) the Defendant’s primary offender is against his/her own mistake; and (d) the Defendant’s age, sex behavior, environment, etc.; and

When the judgment of conviction of this case on the registration of personal information of this case becomes final and conclusive, the defendant is a special case.

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