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(영문) 수원지방법원 성남지원 2016.11.11 2016고단2145
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for one year.

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

1. On November 9, 2015, the Defendant committed the crime: (a) around 07:50 on November 9, 2015, the victim E (the 18 years old) who was seated in the bus seat after having come to the bus stop in the No. D which passed near the community service center located in Sung-gu, Sungnam-gu, Seoul Special Metropolitan City; and (b) went to the seat above the bus, and (c) went to the victim E (the 18 years old) by hand, buckbucks of the victim and forced the victim to force the victim at a public smuggling place.

2. Around November 18, 2015, the Defendant found that the victim F (a) knife in the reverse seat of the bus in the buses No. D when around 07:40 on November 18, 2015, the Defendant committed the crime committed the act of indecent act by force at a public smuggling place, such as the victim’s losses, etc., by putting the victim knife who knife the back seat of the bus, and then raising the victim’s losses to the victim’s knife who knife another seat support unit, and then raising the victim’s losses to the victim’s losses to the victim’s knife, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning F and E;

1. Application of each statement, each photographic statute;

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. of Penal Crimes and Selection of Imprisonment with labor;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Probation and Order to Attend: The defendant has already been sentenced to a suspended sentence for the same kind of crime in around 2013, but he/she committed each of the instant crimes; the victim has not been agreed with: The defendant would be deemed to have led to the confession of all of the instant crimes in this case and have been divided into his/her mistake; the defendant's health status is not good; and the degree of indecent conduct in this case shall be determined by taking into account the circumstances under Article 51 of the Criminal Act, such as the degree of indecent conduct.

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