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(영문) 서울중앙지방법원 2014.01.22 2013고단8393
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
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 of the final judgment.

Reasons

Punishment of the crime

1. The Defendant committed an indecent act against the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Act at Open Space) by using a bus at work hours, with passengers, to commit an indecent act against female students attending school using a bus congested situation.

On June 1, 2013, at around 07:30, the Defendant committed an indecent act against the victim C (n, 17 years of age) on the part of the Defendant’s hand, committed an indecent act against the victim by taking aboard the F Bus in front of the “E apartment in front of the D108 Dong-dong, Seoul Special Metropolitan City, Nowon-gu, by discovering the victim boarding the F Bus at the same stopping place, by taking advantage of the gap where the victim was congested, and by taking advantage of the difference where the surrounding area was congested, and by taking advantage of the difference in the victim’s body, closely sticking the victim’s body into the victim’s body.

Luxembourg around the first 07:30 on September 2013, 2013, the Defendant: (a) taken the F bus on the said place; and (b) committed an indecent act against the said victim in the said manner.

B. On June 1, 2013, at around 07:20, the Defendant committed an indecent act against the victim G (or 18 years of age) at the same place as above, and subsequently, on the Fbuck, the Defendant: (a) discovered the victim; (b) accessed the victim’s body toward the victim’s left side; and (c) used the victim’s crebbbbs with his hand; and (d) committed an indecent act against the victim, such as taking the victim’s bucks.

Luxembourg around the first 07:20 on July 2013, 2013, the Defendant: (a) boarded F Bus at the above place; and (b) committed an indecent act against the said victim in the above manner.

Article 22(1) of the Civil Procedure Act provides that “The victim shall be punished by imprisonment with labor or imprisonment with labor or imprisonment with labor, or by imprisonment with labor or imprisonment with labor, or by imprisonment with labor, or by imprisonment with labor, or by imprisonment with labor.”

C. On November 8, 2013, the Defendant, at around 07:20, committed an indecent act against the victim H (the age 16), committed an indecent act against the victim, committed an indecent act by: (a) finding the victim who was seated in the Fbuck as above; and (b) holding the victim at the seat above the victim’s seat; and (c) holding the victim’s seat together with the victim’s seat fasted with the victim, resulting in an indecent act against the victim.

2.

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