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(영문) 의정부지방법원고양지원 2020.11.26 2020고단2639
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for one year.

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 August 12, 2020, at around 00:46, the Defendant was boarding B bus (C) in the luminous Station in Jung-gu Seoul Metropolitan Government, Jung-gu, Seoul, and was going to the chemical movement in Yangyang-gu, Yangyang-gu, Seoyang-gu, the Defendant considered that the victim D (a name, a female) was seated within the above bus, and that the victim D (a family name, a female seat), moved to the back seat immediately after the victim D's seat was moved to the lower seat, and the Defendant was able to write the her her her mm.

At around 01:04 on the same day, the Defendant moved the place to the rear seat of the victim E (name, leisure) in the bus, and put the hand into the seat creh, and rhum of the victim E was rhyd.

Accordingly, the defendant committed an indecent act against victims in a public transport bus.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of D and E;

1. Application of the Acts and subordinate statutes on CCTV storage CDs for B buses;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62(1) of the Criminal Act on the Suspension of Execution (Article 62(1) of the Criminal Act that has the same kind of force to the defendant, and the contents of the crime are considerably poor, but the victims do not agree with the victims to punish the defendant. In other words, the victims do not want to exercise the tangible force accompanying an indecent act. The defendant recognizes the fact of his/her crime. There has been no criminal history exceeding a fine until now. The defendant has supported his/her wife and minors, and if he/she is detained, the defendant may cause an excessive difficulty to his/her dependents

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, the proviso to Article 49(1) and Article 50 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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