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(영문) 춘천지방법원 원주지원 2017.10.19 2017고단791
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

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 July 27, 2017, around 13:15, the Defendant: (a) was seated back the back of the victim F (the 21-year old) (the 21-year-old) who was seated in the front of the D market located in the front of the city bus of E, the Defendant was able to sit down on the bridge of the victim; (b) was pushed off on the bridge of the victim; (c) was pushed off the victim’s bridge; and (d) was pushed off on the victim’s her ambbbbb by hand; and (e) was fucked down the victim’s bridge to the victim’s son; and (e) committed an indecent act in the means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Bus CCTV;

1. Application of Acts and subordinate statutes to report internal investigation (not later than once);

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

1. Article 52 (1) and Article 55 (1) 3 of the Criminal Act to mitigate self-denunciation;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Punishment, etc. of Sexual Crimes committed by the Defendant at the time of committing the instant crime, the defense counsel’s assertion to the effect that the Defendant was in a state of mental and physical loss or mental weakness at the time of committing the instant crime. However, in light of the overall circumstances, such as the background and method of committing the instant crime, and the Defendant’s behavior committed before and after the instant crime, the Defendant was incapable or weak of having ability

Therefore, the above argument cannot be accepted.

The nature of crimes committed on a planned basis of the reason for sentencing is very poor.

In addition, the defendant has already been subject to suspended execution for the same crime.

On the other hand, it is also recognized that there are circumstances such as the reflection of mistake, the self-denunciation of the investigative agency by himself, the fact that the case was not serious in light of the spirit and degree of the prosecution, and the fact that there is no past record with the sentence sentenced.

The above circumstances include the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime.

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