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(영문) 수원지방법원 안양지원 2019.08.14 2019고단904
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

At around 16:41 on May 2, 2019, the Defendant started in front of the Yeonsu-gu Incheon Metropolitan City B basin, and, at the right right side of the D metropolitan rapid transit bus in front of the Gyeonggi-si, the Defendant, seated on the side of the victim E (the 19-year old), seated on the right side of the third window, and her hand, her hand, her hand, her hand, and her hand over four minutes with the victim’s her hand and her hand, and committed an indecent act on the victim’s her hand within the bus which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to investigative reports (F telephone conversations of a driver);

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. Article 47 (1) or 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Act on the Protection of Children and Juveniles against Sexual Abuse, Articles 49 (1) and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The grounds for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities are as follows: (a) the Defendant’s age, character and conduct, growth process, environment, motive, means and consequence of the crime; and (b) the various sentencing factors indicated in the arguments and records, including circumstances after the crime, shall be determined as ordered

D. Unfavorable circumstances: The Defendant was seated on the side of an unspecified victim in the bus, and the buckbucks of the victim do not correspond to the nature of the crime in light of the type of crime.

As a result of the instant crime, the age victim seems to have slicked a considerable sense of sexual humiliation and displeasure.

One time of a fine and the suspension of the execution of imprisonment with labor for the same criminal defendant.

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