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Reasons
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(영문) 수원지방법원 2018.01.11 2017고단4865
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 4865"

1. In a state where the Defendant, on his own initiative, lacks the ability to discern things or make decisions, the Defendant got off several times with her hand after the victim D (n, 23 years of age) when the said subway entered the C station on May 23, 2017, in the subway line No. 14:50, which used in the mountain for the development of the astronomical wave around May 23, 2017, when the said subway entered the C station.

Accordingly, the Defendant committed indecent acts against the victim at a public concentrated place such as means of public transportation.

"2017 Highest 7742"

2. In a situation where the Defendant, on the port side, lacks the ability to discern things or make decisions, and around September 28, 2017, in the subway train that passed around E Station around E Station, the Defendant committed an indecent act against the victim in a place where the Defendant’s her her son and panty are placed at the victim Fbucks (the age of 23), and the Defendant committed an indecent act in a place where the general public is concentrated.

Summary of Evidence

"2017 Highest 4865"

1. Statement by the defendant in court;

1. A protocol concerning the police and suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. G statements;

1. "Fact-finding inquiry and reply to H Council members of this Court" 7742 ;

1. Statement by the defendant in court;

1. A protocol concerning the police and suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to F;

1. A case of submitting photographs taken by the injured party - a photograph of the suspect;

1. The map of the place where the crime was committed inside the guest car;

1. Application of the factual inquiries and replies statutes to H members of this Court;

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

1. According to the evidence mentioned above, Articles 10(2) and 55(1)3 of the Criminal Act for mitigation of mental and physical weakness [Article 10(2) and Article 55(1)3 of the Criminal Act [Article 55(1) of the same Act] include: (a) the Defendant appears to have been treated intermittently due to a mental division; (b) the Defendant’s statement appears to have been easily observed from the perspective of the general public when the Defendant lacks the ability to normally determine an object; and

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