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(영문) 인천지방법원 부천지원 2014.07.16 2014고단1246
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 7, 2014, from around 07:47 to 07:54, the Defendant put his/her sexual flag toward the right her starboard of the victim, even after the victim B (V, 24 years old) in the fifth guest vehicle, which is a means of public transportation, when the Defendant is operating between the 30 dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

In addition, the victim's sexual organ was licked between the victim's her her butt her butt her butt her butt her butt her.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to photographs of crime scene;

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

1. Article 62 (1) of the Criminal Act (Special Considerations in favor of the accused among the reasons for sentencing following the suspended sentence);

1. Probation and community service order under Article 62-2 (1) and (2) of the Criminal Act;

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

1. The reason for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Articles 49(1)2 and 50(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse was detained by the crime of the same Act in 1998 and sentenced to the dismissal of a public prosecution due to the victim’s cancellation of complaint while being tried. Even in 2003, the defendant was punished by a fine due to the crime of the same Act in the same Act. In 2013, while being investigated by being admitted to a crime of the same Act and being investigated, the crime of the same Act has been committed repeatedly even though the victim had had the same history of force in the past, such as receiving a non-prosecution disposition that is not authorized due to the victim’s cancellation of complaint, and the fact that the defendant did not agree with the victim, etc., it is not easy that the crime is committed.

However, the fact that the defendant is able not to commit the same crime in depth and again, and is punished by a fine as the same crime.

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