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(영문) 서울남부지방법원 2015.10.16 2015고단2401
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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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 of the final judgment.

Reasons

Punishment of the crime

At around 08:40 on May 15, 2015, the Defendant: (a) reported the victim F (n't, 21 years of age) within subway 9 lines operated from D Station to E Station; (b) reported the victim F (n't, 21 years of age) in a mixed gap in surrounding areas; (c) taken the victim's sexual organ against his/her sexual organ by taking the victim's sexual organ out his/her sexual organ toward the victim's mack with his/her macker.

Accordingly, the defendant committed an indecent act against the victim in the subway, which is a means of public transportation.

around 02:30 on August 25, 2014, the Defendant: (a) reported the victim I (n, 23 years of age) aboard the H bus at the bus stops in Mapo-gu Seoul Metropolitan Government; and (b) reported the victim I (n, 23 years of age) to commit an indecent act in the bus; and (c) reported the victim’s sexual organ to the victim’s knife by using the mixed gap; and (d) reported the victim’s sexual organ to the end of the victim.

Accordingly, the defendant committed an indecent act against the victim in the open bus which is a means of public transportation.

Summary of Evidence

"2015 Highest 2401"

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Stoma photographs showing the semen submitted by the victim;

1. Each investigation report (the perusal of CCTVs in the subway No. 9, the specification of the appearance of suspects, the number of transportation cards used by suspects, and the perusal of J CCTVs used by suspects, the point of riding) hereinafter referred to as "2015 Godan2629";

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. A gene appraisal report;

1. Each investigation report (the application of Acts and subordinate statutes to each investigation report (the same investigation as to whether the CCTV images inside buses, CCTV images, procedures for verifying the victims of CCTVs, CCTV images marked with the suspect image, CCTV images marked with the suspect image, attach photographs to the closure of the CCTV images inside Nb buses on August 26, 2014, around 02:42:42 on August 26, 2014;

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

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

1. The suspended sentence is advantageous to the reasons for sentencing under Article 62(1) of the Criminal Act.

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