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(영문) 의정부지방법원 2020.10.22 2020고단2094
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 24, 2019, around 18:45, the Defendant boarded a subway 9 line in the Seocho-gu Seoul Metropolitan Government distribution Dong in the high speed terminal station in the direction of the old Jin Station, and pushed the Defendant’s body in the passenger victim, etc., who was in a pipe name and kept a white light, and pushed the Defendant’s sexual flag in the victim’s name.

2. The Defendant continued to use the c-1 column of the foregoing 3-1 column, and left the c-party to the next c-party to the front c-party 3-1 column, left the c-party c-party c-party c-party c-party c-party c-party c-party c-party c-party c-party c-party

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Circumstances leading to the investigation report;

1. Application of Acts and subordinate statutes to a closure of shot images;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) applicable to the relevant criminal facts and the selection of punishment for such crimes;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (aggravating concurrent crimes with the punishment determined by a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under paragraph (2) of the said Article with heavier judgment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation, community service or lecture attendance order;

1. The following circumstances acknowledged in the records under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, i.e., recognition and reflect of the crime of this case, and ii) their own preventive education against sexual assault.

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