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(영문) 전주지방법원 남원지원 2016.06.14 2016고단22
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

A defendant shall be punished by imprisonment for not less than eight 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

[2] On January 22, 2016, at around 19:30, the Defendant: (a) moved in the front seat of the Defendant in the Gwangju-Seoul-Seoul-Seoul-Seoul-Seoul-do in the seat in the B high-speed bus in which the Defendant was driving, and (b) reported the victim C (28 years of age) who was seated in the front seat of the Defendant in the B high-speed bus, and continued to have approximately five minutes of left hand in the space between the left window of the said bus and the seat seat where the victim is seated.

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

[2016 Goman 35] For the purpose of stealing unspecified female visitors using toilets, the Defendant: (a) went into and intruded into the South Korean Women’s Toilets at the Namwon Agricultural Branch E, Namwon-si, Namwon-si on March 9, 2016; and (b) intruded into the same place around 11:52 on March 10, 2016.

Accordingly, the Defendant violated the above two times in public toilets with a view to meeting his sexual desire.

Summary of Evidence

[2016 order 22]

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written statement;

1. A report on internal investigation (including attached materials) (including the order of 2016, group 35);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A H statement;

1. Application of each internal investigation report (including accompanying materials), each investigation report (including accompanying materials) statute;

1. Relevant Articles of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Punishment, etc. of Sexual Crimes on Criminal Crimes, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the Selection of Imprisonment with labor;

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. Article 62-2 of the Criminal Act; Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

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) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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