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(영문) 서울중앙지방법원 2014.12.31 2014고단6966
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. On July 2, 2014, around 08:40 on July 2, 2014, the Defendant, within the 10th guest vehicle between the Cheongsan-Asan Digital Group area of Seoul subway No. 1 and the 16th guest vehicle of the Cheongsan-Asan Digital Group, even closely adhereded to the right side of the victim 1 (the 19 years old), committed an indecent act by committing the victim’s left hand by talking the victim’s sound part.

2. The Defendant committed the crime against the victim 2 around 08:56 on the same day as the above 1.36 day, the Defendant: (a) attached even after the victim 2, who is a female, whose name cannot be known within the 1st guest vehicle between the area of the Cheongyang-ro-Asan Digital Group of the Seoul subway No. 1, Seoul subway No. 637 East-ro-Asan Digital Group; and (b) attached his sexual flag to the victim’s her mack, and committed indecent act by the victim’s left hand.

In this respect, the defendant committed indecent acts against the victims in a total of two times.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C and D;

1. Statement of the police statement of the victim1;

1. A photograph, on the face of a crime, a photograph, a video CD with the face of the crime;

1. Application of Acts and subordinate statutes to a criminal investigation report (including cases in which victims are not secured due to their name) and a criminal investigation report (a witness of an indecent act against victims in the name of the

1. Relevant Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with labor;

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

1. Article 62 (1) of the Criminal Act;

1. Article 16(2) through (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Probation, community service order and order to attend a lecture, and Article 62-2 of the Criminal Act, the Defendant, one time before and after sentencing, has committed planned crimes, such as committing indecent acts against the victim 1 among the areas of the upper line reading digital group, moving the victim from the old line to the lower line, and committing indecent acts against the victim 2 between the former and the mountain digital group, and the victim 1 wishes to punish the Defendant.

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