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(영문) 서울중앙지방법원 2014.01.29 2013고단6526
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 28, 2013, around 22:55, the Defendant committed an indecent act against the victim by putting the victim E (the age of 28) out of the subway station service room in front of the subway station service room. In a timely manner, the Defendant committed an indecent act against the victim by putting the victim’s shoulder in a sudden fashion.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement to E by the police;

1. Application of the Acts and subordinate statutes to the complaint;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant and the defense counsel for the reasons of sentencing are asserted to the effect that the Defendant did not have an intention to commit an indecent act against the Defendant, on the ground that the Defendant, under the influence of alcohol, was aware of the victim’s back habits, and was aware of the victim’s back habits with the Defendant’s early birth in an elementary school, and was

In light of the circumstances acknowledged by the evidence duly adopted and examined by this court, namely, the defendant was the 1973 student, while the victim was the 1985 student, the defendant was the 12-year student and the 12-year student was the 1985 student, considering the external appearance, physical form, etc. of the victim present at this court, it is difficult to believe that the victim was exposed to 12 or more women's dynamics. In particular, the defendant was faced with the 20-year student's dynamics without contact with the her woman's dynamics for 20 years or more after the graduation of the elementary school, and it is not easy for the defendant to have his her her dynamics first step out of the 20-year student's dynamics on the ground of the 20-year student's dynamics. In addition, it appears that such action constitutes an act that may cause sufficient sexual humiliation from the female's perspective even if she was the son's birth.

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