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(영문) 서울북부지방법원 2017.06.22 2016고단5570
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

On August 22, 2016, around 08:16, the Defendant: (a) 248-ro 248-ro, Seongbuk-gu, Seongbuk-gu, Seoul, to the Dong Station Cultural Park Station, and was boarding and leaving subway 4-line electric vehicles from the Dong Office of Seongbuk-gu to the Dong Station Cultural Park Station, and (b) was even attached after the victim C (V, 26 years of age) and her body part was pushed off by the victim’s her her her her her her her her her her her her her her her her her m

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement made by the witness C (the statements made by the victim in this Court are consistent and specific in relation to 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 its credibility is recognized in light of the victim's attitude to make a statement in this Court.

The defendant's act is judged to be out of ordinary physical contacts between passengers within the blateral 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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

The decision is judged.

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