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(영문) 인천지방법원 부천지원 2014.08.20 2014고단1277
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. On March 27, 2014, from around 08:00 on March 27, 2014 to around 08:15 of the same day, the Defendant committed indecent act on March 27, 2014, on the part of the victim’s right chest, the Defendant was placed under the right chest of the victim, with his hand attached even after the victim B (the son, 23 years old) within the 6th direction of the rapid electric train of 1034 in the operation of the vice-Gu-Gu-ro train between the 08:15 on the same day.

2. An indecent act committed on March 28, 2014;

A. On March 28, 2014, from around 08:05 to around 08:12 of the same day, the Defendant: (a) within the 6th guest 1034 speed train operation direction of the dong Incheon-Jacheon-gu Walk-gu Walk-Am-Ampik, the Defendant: (b) placed even face attached after the victim C (n, 37 years old); (c) placed the face on both sides of the victim; and (d) placed the victim’s right knife over the face; and (d) placed the victim’s knife, etc. on the side of the victim.

B. The Defendant, at the same time and place as the above paragraph (a) above, took the right side of the victim D (n, 20 years of age) into the right side of the victim, accumulated the victim's right chest part of the victim's left elb, and turned down the victim's right side with the end of the left hand.

3. 2014. 3. 31. 추행 피고인은 2014. 3. 31. 08:04경부터 같은 날 08:06경 사이에 부천-역곡역간을 운행 중인 동인천발 용산행 제1036호 급행 전동열차 진행방향 7번째 객차 내에서 피해자 C(여, 31세)의 뒤에 바짝 붙어 주먹을 쥔 왼손 안쪽 부분으로 피해자의 왼쪽 허벅지와 허리부위를 수회 문질렀다.

Accordingly, the Defendant committed an indecent act against the victims four times within the subway train, which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B, C, D, and C;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution is favorable to the defendant, among the reasons for sentencing under Article 62(1) of the Criminal Act.

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