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(영문) 수원지방법원 2017.05.25 2016고단7340
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2016 Highest 7340"

1. On November 1, 2016, the Defendant: (a) reported that “E” located in D in Suwon-si, Suwon-si, Suwon-si, Suwon-si, the victim F (n, 19 years of age) entered into a yellow soil room; and (b) entered the victim’s side that was diving, and then rhyd the victim’s right chest and hyd, and rhdd the victim’s indecent act at a public densely-populated place.

"2017 Highest 1179"

2. On December 21, 2016, the Defendant, at around 01:35, committed an indecent act against the victim at a public densely densely-populated place by taking out the victim’s chests and part of drinking and drinking together several times at the back of the “E” room located in Suwon-si, Suwon-si, Suwon-si.

Summary of Evidence

[2016 Highest 7340]

1. Statement by the defendant in court;

1. Statement made by the police with F [2017 senior group 1179];

1. Statement by the defendant in court;

1. A H statement;

1. Application of Acts and subordinate statutes on internal investigation reports (indecent acts in concentrated places);

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. In light of the method and content of the instant indecent act on the grounds of sentencing under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend, the Defendant is not liable for the same crime (2017 order 1179 case) in consideration of the fact that the Defendant again committed the same crime (2017 order 7340 case) in a soup trial, even though he was prosecuted due to an indecent act in a soup.

However, considering favorable circumstances such as the defendant's wrongness, the defendant is the first offender, the defendant's first offender, the fact that the above victim does not want the punishment by mutual consent with the victim F, and taking into account other factors such as the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account.

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