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Reasons
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(영문) 인천지방법원 2015.11.26 2015고단5847
준강제추행
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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

"2015 Highest 5847"

1. On August 1, 2015, the Defendant, around 06:45, committed an indecent act against the victim who was in the state of mental disorder by putting his son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s k

2. On July 29, 2015, the Defendant, around 00:30, committed an indecent act against the victim in the condition of mental disorder by providing the victim D (the victim, 30 years of age) with an opportunity to sit in the seat and sleep the seat of the subway station, on the part of his/her hand, within the subway stations passing through the section of the Sejong Station.

『2015고단5847』『2015고단7178』 피고인은 2015. 9. 17. 15:34경 서울 도봉구 도봉로에 있는 지하철1호선 도봉산역 전동차에서 옆 좌석에 앉아 졸고 있던 피해자 E(여, 30세)의 오른쪽 허벅지 안쪽을 손으로 쓰다듬어 항거불능 상태에 있는 피해자를 추행하였다.

Summary of Evidence

1. "Court's statement" of the defendant in the court;

1. Statement made to D by the police;

1. C and F’s respective statements “2015 Highest 7178”;

1. Application of Acts and subordinate statutes of E;

1. Relevant Articles 299 and 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed on the Grounds of the Punishment, etc. of Order to Attend the Course of the Third Crimes without the basic field [the scope of recommendations] [the scope of recommendations] of the first class (6 to 2 years] of the Act on Special Cases concerning the Punishment, etc. of Indecent Act by Indecent Act (subject to the age of 13). The basic field of the first class (6 to 2 years) of the Act on Special Cases concerning the Punishment, etc. of Indecent Act by Indecent Act (subject to the age of 13). The first class of the Act on Special Cases concerning the Punishment, etc. of Indecent Act by Indecent Act (subject to the age of 13).

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