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(영문) 서울중앙지방법원 2016.10.18 2016고단3118
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six 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 November 16, 2015, at around 18:57, the Defendant committed an indecent act against the victim in means of public transportation continuously for about 12 minutes on the part of the victim's body while pushing the victim's body parts and moving the victim's body parts to the bucks where the victim's body parts are pushed down at the 19 years old-gu Seoul Metropolitan Government subway 1's front-time subway.

Summary of Evidence

1. Each legal statement of the witness, victim, F, G, and H;

1. Application of the Act and subordinate statutes to one video CD in which the commission of the crime is recorded;

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. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 186(1) of the Criminal Procedure Act acknowledges that the Defendant did not commit an indecent act against the victim as stated in the facts charged.

The victim testified on the instant case and asked the police to cooperate with his promise at the time, but the police made a statement to the effect that he had a sense of shame, such as having the police take his arms and write a written statement, and thus, he was unable to testify on the instant case.

However, according to each evidence of the judgment, the victim testified that the defendant was also unfasible and unfasible, and that the police officers at the time testified to the effect that the defendant was unfasible to the defendant, and that the police officers at the time testified to the effect that the defendant was unfasible to the victim even though the defendant could avoid his body due to the space later, and that the defendant testified to the effect that at the time of arrest, the defendant was forced to spread rapidly.

In addition, according to the screen image taken at the time, the defendant was pushed down even with the victim even though there was a space later.

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