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(영문) 인천지방법원 부천지원 2018.11.14 2018고단2377
강제추행등
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Cpopulated Places) committed by the Defendant on June 23, 2018, following the victim D (Gam, Gam, 22 years old) located in front of the rear door in order to get off the bus in C Bus B around 14:50 on June 23, 2018.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

2. 강제 추행 피고인은 제 1 항 기재 일 시경 부천시 B 버스 종점에서, 하차하는 위 피해자를 뒤따라가 손으로 피해자의 엉덩이를 툭 치듯이 1회 만졌다.

Accordingly, the defendant committed an indecent act against the victim by force.

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to photographs showing that the victim is following the victim, pictures showing that the victim commits an indecent act behind the victim, and photographs where the victim in the bus calls her her tumm;

1. Relevant legal provisions concerning criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (Indecent Acts in Public Crowd Places), Article 298 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) through (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following circumstances for sentencing under Article 56(1) main sentence and Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the conditions of sentencing as shown in the records, such as the age, occupation, sex, family relationship, and circumstances before and after crimes:

- The Defendant committed each of the instant crimes once a month in which he was sentenced to a fine due to the same and similar criminal conduct.

There is a possibility of repeating crime

The decision is judged.

- Examining the ctV images marked on the face of a crime, the Defendant intentionally before the victim in the bus.

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