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(영문) 인천지방법원부천지원 2020.09.09 2019고단4527
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not more than ten 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

On August 21, 2019, at the bus stops located in Kimpo-si B on August 21, 2019, the Defendant was boarding CD buses, and the rear door of the bus was seated above the side of the victim E (the age of 17), and around 21:34, the Defendant used the left side elbow of the Defendant, leading the victim to several times, and got the victim's grandchildren.

Accordingly, the defendant committed an indecent act on the victim in a public transport bus.

Summary of Evidence

1. 15 copies of the police's statement statement E in the court statement of the defendant, and the application of every 13 of the photographs;

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

1. It is so decided as per Disposition on the grounds of Article 16(2) of the Addenda to the Act on Special Cases concerning the Punishment, etc. of Sexual Violence against Children and Juveniles (amended by Act No. 17338, Jun. 2, 2020); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) of the Act on Welfare of Persons with Disabilities.

The reason for sentencing - The instant crime was committed against minors who are vulnerable to sleep in buses used by the public, and the nature of the crime is very poor in light of the nature and form of indecent act, the method of the commission of the crime, etc.

- The crime of this case seems to have been committed by the victims of sexual humiliation and fear.

[victims feel uneasiness in the use of public transportation after the crime of this case] - The defendant was unable to receive a letter from the victim.

The defendant is the first offender.

- The defendant was aware of the crime of this case and reflects the mistake.

In addition, the defendant's age, family relations, personality and conduct, etc. of this case and various sentencing conditions revealed in the course of trial shall be determined as the same as the order.

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