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(영문) 서울남부지방법원 2016.05.20 2016고단1071
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four 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

On March 24, 2016, at the center of Yangcheon-gu, Seoul, the Defendant: (a) laid in a subway line 2 from the new Ne-distance Station located at 08:10 on March 24, 2016 to the digital short-term area of the Gu located at 477-ro, Guro-gu, Seoul, Guro-gu, Guro-ro, Seoul, to the digital short-term area; (b) pushed the difference in which the train is mixed after the victim B (the string, the string, and the 24 years old) was pushed in the body of the victim; (c) committed an indecent act against the victim’s her her her her senthm, and (d) committed an indecent act against the victim

Accordingly, the Defendant committed an indecent act against the victim in the subway train, which is a public densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to B (victim-a person)

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 on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed the instant crime even though the Defendant had been sentenced to a fine of two million won for the same type of crime in 2010, the Defendant committed the instant crime; the Defendant committed the instant indecent act by getting on the electric line of subway 2 from the new Ne-distance station to the new Ne-ray station; the Defendant committed an indecent act against the Defendant, even though the Defendant moved the damaged place within the former vehicle, the Defendant continued to commit an indecent act against the Defendant, even though the Defendant moved the damaged place within the former vehicle, and the victim followed the victim for the purpose of continuously committing an indecent act against the Defendant even after getting on the former vehicle and getting on the latter, and continued to commit an indecent act against the Defendant, in view of the fact that the nature of the instant crime is not very good in light of the victim’s sexual humiliation and fear of harm caused by the instant crime, and that the Defendant’s sexual humiliation and degree of harm to the Defendant, etc. is divided into one’s own circumstances and circumstances.

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