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(영문) 수원지방법원 여주지원 2016.04.04 2016고단58
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 15, 2015, the Defendant entered the “C” located in Jongno-gu Seoul Metropolitan Government, on March 12:35, 2015, and discovered the victim D (22 taxes) who was divingd in the male water surface room in Jongno-gu Seoul Metropolitan Government, and attempted to commit an indecent act, such as the victim D, with his/her hand stored in the victim’s clothes, and met the victim’s chest and sexual organ, and committed an indecent act.

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

2. The Defendant committed a crime on November 29, 2015, at the same place as around 03:30 on November 29, 2015, discovered that he/she was protrudingly under the victim E (24 years of age) and committed an indecent act by setting up his/her hands under the right edge of the victim E by setting up his/her hands and exposing his/her hands and exposing his/her finger and sexual organ into the victim E. On the same day, the Defendant committed an indecent act by letting the victim F (25 years of age) who was divingd in the same place at around 06:0 on the same day by continuously putting the sexual organ of the victim F (25 years of age).

Accordingly, the Defendant committed an indecent act on people two occasions at a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E, F, and D;

1. A report on investigation (the cutting of CCTV images at the scene of a crime by a suspect);

1. Application of Acts and subordinate statutes on the screen by cutting off CCTV images on the water surface;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment Thereof;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction against a defendant is finalized in regard to the criminal facts in the judgment that constitutes a sex offense subject to registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related agency

The defendant's age, occupation, risk of repeating a crime, and is subject to an order to disclose or notify personal information.

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