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(영문) 인천지방법원 2018.01.17 2017고단7797
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than eight 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 May 20, 2017, from around 08:5 to around 09:25, the Defendant: (a) made the victim F (hereinafter “F”) who was seated on the side in the E-area bus belonging to the Gyeongnam passenger who operates the section of “Seoul Comprehensive Terminal Terminal department store” at the location of the D bus stops located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon; (b) made the victim F (F) who was seated on the side; and (c) made the victim’s left chest known to his/her own arms in order to commit an indecent act; and (d) made the victim’s left chest.

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

2. On May 25, 2017, from around 09:15 to around 09:25, the Defendant: (a) placed the victim’s chest part at the bus stops located in the Nam-gu Incheon Metropolitan City, Nam-gu, Incheon, in a metropolitan bus with a passenger of Gyeongnam passenger operating the entrance section of “the entrance of the Incheon comprehensive terminal Gangnam-gu, Gangnam-gu, Gangnam-gu, Incheon.”

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Track photographs;

1. Application of the CD image statutes, such as the scene of a crime taken by the victim;

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 crime;

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 the accused is finalized on the facts constituting a sex offense subject to registration and submission of personal information under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused 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 is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

order to disclose personal information.

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