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(영문) 서울남부지방법원 2014.06.17 2014고단490
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
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

1. On November 25, 2013, the Defendant found the victim C and 33 years old from the subway electric trains 9 lines located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, in the direction of leisure from the Sinsan Station of the subway line 6-dong, Yeongdeungpo-gu, Seoul, in order to find out the victim C and commit an indecent act against the victim by inserting his hand and blue with his hand and blue with the victim's side blue with his blue by inserting his hand and blue with his blue with a half of the 4 minutes in the front line of the subway trains, which is a place where public smuggling is located.

2. The Defendant, on the same day and at the same place as the Defendant was assaulted, and the victim moved around 1m in order to avoid the Defendant’s indecent act, followed the victim, and assaulted the victim’s left arms on one occasion by drinking.

Summary of Evidence

1. C’s legal statement;

1. The defendant and his defense counsel alleged that there was no indecent assault against the victim as stated in the facts charged. However, the defendant and his defense counsel alleged that the victim had committed an indecent assault against the victim, but the victim consistently and specifically stated the situation where the victim was abused from the investigation agency to the court, and the background and process of reporting the defendant to the investigation agency, and the victim did not have any special circumstances to gather the defendant fraudulently, and even if considering the content of the victim's statement or his attitude in the court, it is difficult to see that the victim has made a false statement even when considering the victim's statement or his attitude in the court, it is difficult to see that the victim should have made a false statement while receiving the punishment for perjury. Accordingly, according to the victim's investigative agency and the court's statements, the criminal facts of this case can be acknowledged.

Application of Statutes

1. Special cases concerning the punishment, etc. of sexual crimes under the relevant Act on criminal facts;

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