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(영문) 울산지방법원 2017.05.18 2017고단871
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six 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. Around November 13, 2016, the Defendant committed an indecent act, such as making soup, which is a public concentrated place on the C8th floor located in Ulsan-dong, Ulsan-gu, Ulsan-gu, Seoul-do, around November 13, 2016, by raising his/her bridge on the above victim’s bridge.

2. Around November 20, 2016, the Defendant committed an indecent act, such as committing an indecent act, from around 02:07 to around 06:29 on November 20, 2016, to around 06:29 on the charge at the places indicated in paragraph (1) of the facts charged, and committing an indecent act, such as committing an indecent act on the victim’s bridge to the above victim’s leg.

3. On November 27, 2016, the Defendant committed an indecent act on the part of the said victim’s bridge with his/her right bridge, including a 1-hour load of KRW 1 hour between around 05:24, and around 06:27, the Defendant committed an indecent act, on November 27, 2016, at the places indicated in paragraph (1) of the facts charged, and on the side of the victim E (title, n.e., the n., the n.e., the n.e., the n., the n.e., the victim’s bridge.).

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Investigation report (including photographs taken on November 13, 199 at the scene of the crime) (including photographs), investigation report (including photographs taken on November 20, 199), and investigation report (including photographs taken on CCTV);

1. Application of Acts and subordinate statutes to CCTV images on damaged areas;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;

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. The grounds for sentencing under Articles 16(2) and 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes are as follows: (a) Defendant repeatedly committed several crimes by making soup through a soup room for sexual purposes; and (b) the fact that the character and conduct of the Defendant was not improved despite being sentenced to a fine for the same crime even before the instant case, is disadvantageous: Provided, That the Defendant committed a crime by passive means, such as entering the bridge on the bridge of the victim; and (c) reflects the depth of the crime.

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