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(영문) 서울남부지방법원 2014.02.11 2013고단4221
성폭력범죄의처벌및피해자보호등에관한법률위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On October 18, 2013, at around 08:30, the Defendant: (a) pushed down the lux of passengers located in the lux of the subway line No. 635 of the Ma-ro 5, Guro-gu Seoul Metropolitan Government 5-5, and pushed down the lux of passengers located in the lux of the electric train No. 635 of the Ma-ro 635 of the Ma-dong-gu Man-gu, Guro-gu, Seoul, with the victim’s luxle part; (b) was her luxle on the part of the victim’s lux; and (c) was on the part of the victim’s left luxbbbbbbbbbbbbbbbb.

The Defendant, in the above manner, committed an indecent act against the victim on the electric trains, which are means of public transportation, for about four minutes, until the electric trains arrive in the subway 1 additional digital group area.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement No. B

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

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

1. Social service order under Article 62-2 of the Criminal Act;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant on November 9, 2012, despite the fact that the Defendant received a summary order of KRW 1 million due to the crime of violating the Act on the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims, the instant crime was committed. The Defendant committed the instant crime; the Defendant, as many passengers, was on board a part of the Defendant, to commit an indecent act in the front line of the digital complex prior to the digital complex in which it is impossible for the female victim to easily avoid his/her body (56 pages of the investigation record); and the victim committed an indecent act by taking account of the following factors: (a) the degree of indecent act committed by the instant crime; (b) the Defendant led to the confession of the instant crime; and (c) the background, method, result, etc. of the instant crime.

When this judgment becomes final and conclusive, the accused shall be provided with Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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