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(영문) 수원지방법원 2018.02.01 2017고단6268
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

"2017 Highest 6268"

1. On August 13, 2017, the Defendant committed an indecent act against the victim at a densely concentrated place by making soup, within a soup, a soup, a soup, a soup, set set of the Victim F (F) who was diving, on the top of the victim’s sexual organ, around 01:15, the Defendant committed an indecent act on the victim at a populated place.

"2017 Highest 7887"

2. On August 20, 2017, the Defendant: (a) discovered the victim I (Inn, 22 years of age, 12 years of age, and 22) who walked the place on the H-type G G Gara near the wife population G, and committed an indecent act against the victim on the part of the victim; (b) discovered the victim I (inn, 22 years of age, 12 years of age, and 22 years of age; (c) came to a place where there is no human being following the victim; (d) prevented the victim from being injured by one hand from being injured by one hand; and (e) one hand committed an indecent act by force against the victim by inserting the chest into the part of the victim.

Summary of Evidence

[2017 Highest 6268]

1. Statement by the defendant in court;

1. Each statement of F, J, and K [2017 Highest 7887];

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to I;

1. Relevant legal provisions concerning the facts constituting an offense, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment (Indecent Acts in Crowd Public 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. Consideration and observation of protection, order to provide community service and order to attend a lecture, Article 62-2 of the Criminal Act, Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes disadvantageous to the grounds for sentencing: The nature of each of the crimes in this case is not good in light of the method and mode of each of the crimes

In 2014, the Defendant had been subject to suspension of indictment for an indecent act, and in 2015, the Defendant committed each of the instant offenses despite the record of being subjected to juvenile protective disposition due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Intrusion into public places for sexual purposes) and a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.). Furthermore, the Defendant committed an indecent act in soup.

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