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(영문) 서울북부지방법원 2017.10.12 2017고단1849
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment 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

피고인은 2017. 4. 24. 08:25 경 서울 강북구 도봉로 50에 있는 지하철 4호 선 미아 사거리 역에서 혜화 역 방면으로 운행하는 전동차에서 피해자 C( 여, 27세) 의 등 뒤에 서서 자신의 성기를 피해 자의 엉덩이에 밀착시킨 후 약 1 분간에 걸쳐 비볐다.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. In the investigation report (to hear the statements of the police officer in charge of arrest) (the victim's statement in this court) (the victim's statement in this court is consistent and specific about the defendant's act, content of damage, the fear and response of the victim, the situation before and after the crime, the victim's statement does not appear to be false, and the victim's statement in this court's attitude to make a statement is recognized as

The defendant's act is judged to have exceeded the normal physical contact level between the passengers in the previous vehicle, and the victim's act is not likely to mislead the defendant's act.

Therefore, according to each evidence of the judgment, the application of the law is recognized as having committed an indecent act against the victim).

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

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure Order and Notification Order; Article 49(1) proviso of the Act on the Protection of Juveniles from Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children’s Juveniles from Sexual Abuse (the Defendant’s age, occupation, family environment, social ties relationship, criminal record, and risk of recidivism; profits and preventive effects expected from the disclosure order and Notification Order; disadvantages and side effects therefrom, etc. shall not be disclosed or notified.

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