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(영문) 의정부지방법원 고양지원 2016.10.14 2016고단2357
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six 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 June 19, 2016, around 22:10, the Defendant was boarding the buses E No. 80 from the D bus stops located in Yongsan-gu, Mangdong-gu, Mangsan-si, and was seated by the victim F (the age of 18). The Defendant was seated by the victim’s left hand, etc., with the victim’s right-hand hand bucks, and the victim’s right-hand hand bucks down due to the left hand hand.

The Defendant continued to place the victim's bucks in his clothes with his her buckbucks, thereby gathering the Defendant's left hand, and the victim's bucks were stored.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Application of Acts and subordinate statutes on the screen screen by booming video images;

1. Relevant Articles of the Act on the Punishment, etc. of Sexual Crimes and Article 11 (Selection of Imprisonment or Imprisonment)

1. Article 62 (1) of the Criminal Act (the grounds for sentencing as follows)

1. Circumstances unfavorable to the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: The circumstances in which the defendant was notified of his/her respective fines for the crime of this case despite the fact that he/she had been subject to the prohibition of the Act on the Punishment, etc. of Sexual Crimes and the record of being notified of his/her respective fines for the crime of this case: The defendant has submitted a written application to the disabled of class 3 with intellectual disability that his/her father is able to educate her children, his/her father is able to receive the education, and the victim does not want the punishment; the defendant has been detained for a certain period of time; the defendant seems to have an attitude against his/her age, occupation, character, personality and behavior, family relationship, motive, means and consequence of the crime; and if the conviction becomes final and conclusive as to the criminal facts stated in the judgment that are subject to registration, such as the circumstances before and after the crime, etc., taking account of

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