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(영문) 부산지방법원 2016.01.13 2015고단7051
강제추행등
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 October 24, 2015, around 13:20 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct in Public C Place), the Defendant, starting from the Vietnam War in China on October 24, 2015, was committing an indecent act against the victim at a densely-populated public place, by taking the victim D (the crew 28 years old), who is a crew member of the passage to provide follow-up services to the passengers by sitting on the side of the passage in the aircraft flying into an international airport in the Kimhae Sea.

2. On October 24, 2015, the Defendant: (a) committed an indecent act by force, around 13:40, on the part of the victim E (the 43 years old), who was a passenger seated on the side of the aircraft above C; (b) pushed the body to the victim E (the 43 years old); and (c) committed an indecent act by force by force the victim, such as taking the brea and the stop of the breabb from an in-flight to the victim, such as taking the fright and the stop of the breab from an in-flight, by sticking the hand to the left chest of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of each statute of the D and F

1. Relevant legal provisions concerning facts constituting an offense, Article 298 of the Criminal Act on the Selection of Punishment, etc. of Sexual Crimes, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of indecent act at a public smuggling), and the selection of imprisonment, respectively;

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. The crime of this case on the grounds of sentencing under Articles 16(2) and 16(3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is not against the nature of the crime because the Defendant committed an indecent act on the crew on the aircraft and forced indecent act on the passengers.

However, the punishment as ordered shall be determined by taking into account all the circumstances, such as the fact that the defendant is against the defendant, the fact that there is no particular criminal record in the Republic of Korea, the background, method and degree of the prosecution, and the age, health, sex, environment, motive and circumstance of the crime, etc.

A judgment of conviction is made on the criminal facts in the judgment that is a sex offense subject to registration and submission of personal information.

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