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(영문) 의정부지방법원 고양지원 2019.10.10 2019고단1151
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 6, 2019, the Defendant: (a) moved to the route bus that was going to the Pacific City from around 06:46 to 06:58 of the same day from February 6, 2019, the Defendant: (b) while the said bus was moved to the route bus that had been going to the Pacific City on the side of the Seoul metropolitan area, there was a situation on the side floor of the seat where the victim was seated by the seat of the victim C (the age of 19), moving to the seat of the victim (the age of 19) around the time when the bus gets to the string of the game, and turned to the seat of the victim while she was seated.

Accordingly, the Defendant committed an indecent act against the victim at a city bus where the public is concentrated, and made a patently obscene act at the same time.

On February 27, 2019, at around 01:37, the Defendant 201: (a) boarded the bus from “E entrance”, a bus stop located in Eunpyeong-gu Seoul, to “G”, a bus stop located in F at the time of Gyeonggi-gu, to “G”, a bus stop located in H (33 years old) while moving the said bus, and laid down her sexual organ, and carried it out an obscene act by making him/her go through crowdfunding.

Summary of Evidence

1. Partial statement of the defendant;

1. As to the assertion of each police statement protocol against C and H, the defense counsel asserts that the act of the Defendant’s self-defensing on the floor is an indecent act against the victim, unless it is assessed as an indecent act against the victim, or an indecent act is committed as an attempted crime, unless it is assessed as an indecent act against the victim.

The term "indecent act" refers to an act that causes sexual humiliation or aversion to the general public objectively and goes against good sexual morality, which infringes on the victim's sexual freedom. Whether an act constitutes it is the victim's intention, gender, age, relationship between the offender and the victim, the circumstances leading to the act, and the specific details.

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