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(영문) 의정부지방법원 2013.04.25 2012고단3326
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four 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

At around 07:30 on October 2, 2012, the Defendant, while boarding a D bus in front of the C Station in Yangju-si, was frighted to the victim E (the age of 17, female) who was seated in the said bus. The Defendant, with the Defendant’s gender, was frighted toward the side of the victim, kneeing the knee of the victim, kneeing the victim’s bridge, kneing the victim’s kne, kneing the victim’s kne, kneing the victim’s shoulder, and kneing the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to written E;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. against Crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that the defendant is a quasi-incompetent with disability in the second degree of brain-disease disability, the degree of tangible power exercised by the defendant is relatively weak, and other conditions favorable to pleadings, such as the age, environment, etc. of the defendant);

1. Probation under Article 62-2 of the Criminal Act;

1. The defendant and his/her defense counsel's assertion regarding the defendant and his/her defense counsel under Article 13 (1) and (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Children and Juveniles against Sexual Abuse asserts that the defendant's physical contact with the victim was not intentionally committed by the defendant, since the bus was shut down in the bus due to the sudden stop of the defendant's body while the bus was on board, and that the defendant'

However, there are various circumstances that can be seen through the aforementioned evidence, namely, ① the victim is consistently stated in the court and the investigative agency that “the defendant was frightened toward the victim, kneeing the side of the victim’s arms, kneeing the side of the victim’s bridge with knee, and kneeing the victim’s hand,” and “at the time, there was no bus: 10,000 won was used in the bus at that time; 2) the victim was a female student aged 17 years old at that time, who was sealed by the defendant in the human wave or seling the bus with the victim.”

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