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(영문) 수원지방법원 성남지원 2017.04.14 2016고단2768
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

On July 5, 2016, around 08:13, the Defendant committed an indecent act against the victim in the subway station, which is located in the front of the Defendant’s person in front of the passenger room in subway No. 6050, which is proceeding in the direction of king in the vicinity of the branch line F Station located in Gangnam-gu Seoul, Seoul, by discovering the victim C (A. 31 years of age), and after the victim’s hand, the victim’s kn's kn's kn's kn's kn's kn't on several occasions.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. The defendant and his defense counsel asserts to the effect that he did not commit an indecent act against the victim even though he did not know of any physical contact with the victim in which many people were concentrated in the subway at the time.

However, the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the statement of the victim C, is very specific and consistent, and its credibility is recognized; ② the victim's physical contact and intent in suffering from the skiing area at the time does not appear to be distinguished from the mere indecent act; and the victim returned back to the victim, even if he directly viewed that the Defendant was her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Considering that there is no extenuating circumstance, the above argument between the defendant and his defense counsel is without merit.

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal Crimes;

1. Article 62 (1) of the Criminal Act (The following favorable circumstances):

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Matters concerning the dismissal of an application for compensation, the promotion of litigation, etc.;

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