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(영문) 대구지방법원 2018.01.19 2017고합444
아동ㆍ청소년의성보호에관한법률위반(위계등추행)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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 31, 2017, the Defendant and the claimant for an order to observe the protective order (hereinafter “Defendant”) was aboard the Frop bus departing from the bus stops located in Daegu-gu Seoul Metropolitan City Jung-gu, on July 31, 2017. On July 31, 2017, around 14:19, the Defendant and the claimant for an order to observe the protective order (hereinafter “Defendant”) met the victim’s seat (hereinafter “Defendant”) for about 20 minutes on the side of the victim H (the 3 window 19 years old), where the third window of the driver’s seat was seated.

Accordingly, the defendant committed an indecent act on the victim in a bus which is a means of public transportation.

2. On August 5, 2017, the Defendant, on August 5, 2017, was on board the FV bus departing from the J-type bus stops located in Jung-gu, Daegu Metropolitan City I, Jung-gu, Seoul, for about 30 minutes, following the driver’s seat, the Defendant was seated in the side of the victim L (the 2nd window, the 16 years old) where the 2nd window was against the seat.

Accordingly, the Defendant committed sexual abuse such as sexual harassment that makes a child feel sexual humiliation at the same time on a bus which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Stenographic records;

1. Each photograph;

1. Application of Acts and subordinate statutes to each investigation report (with regard to the specific suspect, the bus getting on and off suspect buses, and the situation in bus buses);

1. Article 71 (1) 2 of the Act on the Punishment, etc. of Sexual Crimes and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of sexual abuse against a child) concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (a person who, on August 5, 2017, commits a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crowd Places) and a violation of the Child Uniforms Act (a person who compels, mediates, or sexual harassment against a child) and a violation of the Child Uniforms Act (a person who is subject to punishment specified for a violation of the Child Uniforms Land Act (a person who has forced, mediated, or mediated sexual harassment against a child) with heavier punishment);

1. Selection of each sentence of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.

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