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(영문) 서울남부지방법원 2019.01.23 2018고단5913
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

1. On September 4, 2018, around 18:45, the Defendant: (a) accessed the subway station of subway No. 1 located in Jung-gu Seoul, Jung-gu, Seoul to the direction behind the victim F (name, leisure, age 27) and committed an indecent act in his/her hands.

2. The Defendant committed an indecent act against the victim F at the time, time, and place described in paragraph 1, as described in paragraph 1, and committed an indecent act in a way that the victim’s name in the way near the same front entrance was left in the way that the victim’s name and influence was left twice.

3. The Defendant committed the crime as described in paragraph 1, at the time, at the place, and as described in paragraph 2, moved to the adjacent door, and subsequently committed an indecent act against the victim’s sexual flag by bringing the victim’s her sexual flag to his her turth, after the victim’s name turbane, who was suffering from the short rurbing turbs in Myanmar.

4. The Defendant committed the crime as stated in Paragraph 1, at the time, at the place, and described in Paragraph 3, and subsequently committed an indecent act by the victim as described in Paragraph 3, following the victim’s name and unsatisfe in front of the victim’s behavior, who was flaf on the doping flaf in front of the victim’s name and unsatfe in front of the victim as described in Paragraph 2.

Accordingly, the defendant committed an indecent act against the victims in the means of public transportation, which is a densely concentrated place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning the F;

1. Application of the Acts and subordinate statutes governing the G production;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

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

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

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Probation, community service order or order to attend a lecture;

1. Sentencing Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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