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Reasons
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(영문) 서울동부지방법원 2016.01.22 2015고단2564
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 29, 2014, around 08:35, the Defendant: (a) committed an indecent act against the victim, her knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife, knife

2. On October 30, 2014, the Defendant committed an indecent act against the said victim in the foregoing place at around 08:35, supra.

3. On October 31, 2014, the Defendant committed an indecent act against the said victim in the foregoing place at around 08:35, supra.

4. On November 3, 2014, around 08:35, the Defendant committed an indecent act against the victim by putting the victim’s knife, knife, knife, knife, knife, knife, and knife, knife the victim’s knife with knife.

5. On November 6, 2014, around 08:30 on November 6, 2014, the Defendant committed an indecent act against the victim by putting down his/her arms in front of the said victim’s side, and moving his/her knife, knife, knife, knife, knife, etc., onto his/her knife, and committing an indecent act.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement No. 1 and twice with respect to F;

1. The investigation report (the investigation of a suspect including the discovery of a suspect and CCTV analysis), investigation report (the investigation of a suspect);

1. Application of Acts and subordinate statutes on a copy of the national card, DNA investigation by suspects, and details of use of transportation cards;

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

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. The crime of this case on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed during the Course of Education is an indecent act committed against the same victim several times, and the nature of the crime is not good. Even though the defendant had a record of criminal punishment of KRW 1.5 million due to the same type of crime in 2010, he/she committed the crime of this case, which is disadvantageous to the defendant.

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