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(영문) 울산지방법원 2014.05.15 2013고단3884
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
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

On June 21, 2013, at around 13:00, the Defendant: (a) taken the train in the dong-gu, Daegu Singu, Daegu Singu, Busan 1214, and returned to the station by finding an empty place; (b) around 14:00, the said train passed between Kimcheon-Ydong Station and the said train, and (c) the victim D (24 years old) was seated in 7 and knee knee knee knee knee knee knee knee knee kne kne kne kne kne kne kne kne kne kne kne kne kne kne.

Accordingly, the defendant committed indecent acts against the victim in a densely concentrated place.

On June 28, 2013, 2013, the Defendant found out that the victim G (n, 48 years of age) was diving, and found out that the victim G (n, n, e.g., older than 48 years of age) was locked, around 04:20 on June 28, 2013, the Defendant committed an act of self-defenseing the Defendant’s sexual organ against the victim’s finger hand.

Accordingly, the Defendant committed indecent act against the victim by using the state of impossibility to resist.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police officer's statement about D and G;

1. Application of statutes on the photograph of the case

1. Relevant legal provisions concerning the facts constituting an offense and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, Etc. (Indecent Acts at Open Place and Selection of Imprisonment), Articles 29 and 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act [limited to the sum of the long-term punishments of the above two crimes]

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

1. Article 62-2(1) of the Criminal Act; Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes provides that the defendant shall commit each of the crimes in this case between the defendant and his week.

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