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(영문) 서울북부지방법원 2017.02.02 2016고단4751
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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A defendant shall be punished by imprisonment for six 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

On September 28, 2016, around 08:18, the Defendant collected the Defendant’s hand, etc. into D Station C located in Jung-gu Seoul Metropolitan Government around 08:30 on the same day, after putting the Defendant’s hand into D Station the name-free women who suffered from yellow mar in subway No. 7, and then placing the Defendant’s hand over the left part of the ship, and making the damaged women knife the Defendant’s hand knife the Defendant’s hand knife the Defendant’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Accordingly, the defendant committed an indecent act against the victims in the former vehicle which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on investigation (the details of arrest of the suspect);

1. Application of the Acts and subordinate statutes to report on investigation (to attach screen pictures to the suspect for committing the crime);

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

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. of Juveniles, the proviso to Article 49(1) and the proviso to Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, family environment, social ties, criminal record, and risk of recidivism), and the disclosure order and notification order of this case.

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