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(영문) 수원지방법원 성남지원 2016.06.24 2016고단419
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
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. Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crow Places);

A. On March 27, 2015, around 13:15, the Defendant committed a crime against the victim C: (a) reported that the victim C (n, 20 years of age) was placed front of the bus back in order to board the bus in the F bus stops located in the E bus stops located in Dong-gu, Sung-nam-si, Sungnam-si; (b) reported that the victim was placed in front of the bus in order to board the bus; and (c) made the victim Da son son son son son son son son son son son son son her

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

B. On March 27, 2015, the Defendant committed the crime against the victim G: (a) placed the victim G at the left seat above the right side of the Defendant in the J bus operated at the seat of the I elementary school bus stop located in Gyeonggi-si, Gwangju-si, with a 4-throde fluence on March 27, 2015; (b) placed the victim G (the 16-year old-age buckbucks) at hand; (c) placed the Defendant’s bridge on the bridge by continuously punishing the victim; and (d) committed an indecent act against the victim by taking the victim’s buck, who tried to move the seat by avoiding the Defendant.

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

2. On March 26, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) (around March 14:00, the Defendant intruded into a bath room on the first floor of the K 1st underground in the Sung-nam-si, Sungnam-si, G (V, 46 years old) and laid down clothes.

Accordingly, the Defendant invaded upon a public bath, which is a public place, for the purpose of meeting his sexual desire.

Summary of Evidence

1. The defendant's partial statement (the defendant and his defense counsel asserted that at the time of each crime in the judgment, the defendant suffered from mental illness such as division disorder, etc. so that he did not have the ability to discern things or lacks the ability to make decisions.

According to the records, the fact that the defendant was suffering from mental illness at the time of each of the crimes in this case is recognized.

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