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(영문) 의정부지방법원 2017.11.15 2017고단3840
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On May 4, 2017, around 08:16, the Defendant committed an indecent act against the victim by making four minutes of the victim’s son’s sexual organ contact with the Defendant, with the front dong, which is a place where public congested in the direction of king, from the center line of the center line of around 08:16, a place where the Defendant proceeds in the direction of king.

2. On May 12, 2017, the Defendant stated the written indictment in around 09:15 as “08 :15 Gyeong,” but is deemed as a clerical error.

From C Jeon Dong-dong, which is a public densely concentrated place that proceeds from the king direction in the center of the border line, the victim's sexual organ was 7 minutes in contact with the victim's sexual organ above her part, after his name-free female victim's being even attached.

3. On May 15, 2017, around 07:58, the Defendant committed an indecent act against the victim by making two minutes of the victim’s sexual organ contact on the part of the son, which is a place where the public congested in the direction of king in the middle line of the center line of the border around 07:58, and after the victim D (V, 27 years old).

4. On May 15, 2017, at around 08:34, the Defendant committed an indecent act against the victim by making up 7 minutes of the victim’s sexual organ contact with the Defendant’s sexual organ on the part of the son, which is a public densely concentrated place that proceeds from the king direction in the center of the center line of around 08:34.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Other closure photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the crime;

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. Where a conviction becomes final and conclusive on each of the criminal facts stated in the judgment on the registration of personal information of Article 62-2 of the Criminal Act and Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused shall be punished by sexual crimes.

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