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(영문) 서울북부지방법원 2016.05.19 2015고단4566
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four 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

From 08:09 on June 16, 2015 to 08:26, the Defendant continued to mar the Defendant’s sexual organ attached to the Defendant’s left side after the victim C (V, 44 years old) who was going to work in the middle of the valley in Seoul Special Metropolitan City, Nowon-gu, 1074, the first guest room in the front of 7089, which was operated in the direction of the valley in the middle of the valley located in the air base of 7089 located in Seoul, Nowon-gu, Seoul.

Accordingly, the defendant committed an indecent act on people in a concentrated place such as means of public transportation.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. A criminal investigation report (CCTV photograph confirmation) (The defendant and his defense counsel asserts that there is no fact that the defendant committed an indecent act against the victim.

The victim's statements in the investigative agency and in this court are consistent and specific with the defendant's act, content of damage, fear and response of the victim, the situation before and after the crime, the victim's statement does not appear to be false, and its credibility is recognized in light of the victim's attitude of statement in this court.

Therefore, according to each of the above evidence, it is recognized that the defendant committed an indecent act against the victim as stated in the judgment of the defendant).

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal Crimes;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. In full view of the following circumstances: (a) 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; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship; (c) the risk of recidivism; (d) profits and preventive effects expected due to the disclosure order and notification order of this case; and (e) disadvantages and side effects therefrom.

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