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(영문) 서울중앙지방법원 2016.10.28 2016고단4154
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. At around 18:40 on April 8, 2016, the Defendant discovered the victim D (25 years of age) who was located in the crepans of passengers located in the electric train located in the subway line 9, which had been operated as a moving air basin in the docion of the subway line 40, Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul. On the other hand, the Defendant committed an indecent act in a way that the Defendant’s sexual flag was closely adhered to the victim’s her her her her her her her her her her her her her her her her her her her sens, thereby

2. At around 18:50 on the same day as the statement in paragraph 1, the Defendant committed indecent act by the Defendant’s knife with the Defendant’s knife hand knife the Defendant’s sexual flag attached to the victim’s knife, knife, knife the Defendant’s knife with the Defendant’s knife with the Defendant’s knife with the Defendant’s knife with the Defendant’s knife with the Defendant’s knife with the Defendant’s knife.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. Application of Acts and subordinate statutes to investigation reports (in addition to the routes of 9 subway lines used by suspects, charged ships and suspects);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (the fact that the defendant has the same power to commit the same kind of crime is disadvantageous to the defendant: Provided, That the fact that the suspended sentence was rendered on August 10, 2007, and there is a considerable interval of time from the instant crime, the fact that there was an agreement with one of the victims, and that the defendant voluntarily stated that he/she would have the same power to receive treatment for the prevention of recidivism, etc.);

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Probation and Order to Attend Probation and Education;

1. Article 47 and Article 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure and Notification of Personal Information, and Article 49 of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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