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(영문) 의정부지방법원 고양지원 2017.07.13 2017고단665
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On August 3, 2016, at around 23:17, the Defendant followed the Victim F (Woo 23 years old) walking on the backline connected from subway E Station 7 to 5 lines in Gwangjin-gu Seoul Special Metropolitan City, and committed an indecent act in a way that knife knife knife knife knife knife knife knife knife knife.

As such, the Defendant committed an indecent act against the victim at a place where the public is concentrated.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Two copies of a photograph of the victim taken the suspect;

1. Application of Acts and subordinate statutes of Chapter 1 of the CD for the reproduction of CCTV images from five lines E;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal 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 Order to Attend (the defendant and his/her defense counsel asserts that there is no indecent act against the victim, but the victim has consistently made a statement from an investigative agency to this court to the purport that he/she was subject to indecent act as stated in the criminal facts in the judgment of the defendant.

B. Around the subway transit, the Defendant proceeded with the victim's rear side while passing through the subway transit, and the Defendant continued to move from the subway E station platform No. 5 to the front of the victim and continued to go against the victim, and the victim was injured by the victim. The victim took photographs of such light light light light light light light light light from the subway station, the opposite direction to the destination was reported that the victim was taken, and then gets a sudden passenger in the subway station to go back from the subway station, and then going back from the subway station to the view station, which is its original purpose. The Defendant reported that the victim immediately called the victim at 112. The same shall apply to the fact that the Defendant was able to understand such light light light light that the victim was able to go back to the subway station, which is the opposite direction to the destination.

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