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(영문) 인천지방법원 2017.08.30 2017고단3750
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six 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

On March 1, 2017, at around 05:10, the Defendant discovered the Victim F (18 years of age) who was divingd by the victim E in the Namdong-gu Incheon Metropolitan City, and tried to commit an indecent act against the victim F, etc., and used the victim F’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her her her her her

Accordingly, the defendant committed an indecent act against the victims in a densely concentrated place.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness F and G’s respective legal statements [the defendant and his defense counsel, the other party’s act similar to the other party’s locked, such as raising a bridge, and in the case of G, the other party only moved to the next place and the physical contact may occur because the location is narrow, and thus, the defendant did not commit the act identical to the criminal facts intentionally committed by the defendant.

The victims made a concrete statement in the investigative agency and the court about the form of crime and the circumstances before and after the crime, and there is no doubt that the statement is false.

As a result of the examination of evidence, the defendant is judged to have caused the victim's bodily injury intentionally.

Application of Statutes

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the crime;

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. Where a conviction against the defendant on the criminal facts of a sex crime subject to registration and submission of personal information under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by a community service order or an order to attend a lecture becomes final and conclusive, the defendant shall be punished, etc.

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