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(영문) 서울남부지방법원 2019.09.18 2018고단6320
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 22, 2018, the Defendant: (a) around 08:50 on July 22, 2018, from the opening station of Guro-gu Seoul Metropolitan Government to the Gu-ro gate, the Defendant was pushed the victim B (n, 25 years of age) with her son.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. C’s statement (the Defendant asserts to the effect that his son was in contact with the victim in the process of threatening the victim at the center of the front line, and that there was no intention to commit an indecent act. However, the following circumstances acknowledged by the evidence, namely, ① the victim made a concrete statement at an investigative agency about the situation before and after the indecent act, how and how to commit an indecent act, etc., ② the victim made it clear that there was no such fact at the time of the victim’s objection with the victim, or rather, the Defendant stated that “n't d't d't d't d't d't d't d't d't d't d't h', so on, on the day of the instant case. ③ It appears that on the day of the instant case, on the day of the subway, there was no large number of people inside the subway, and thus, it was reasonable to view that the Defendant had committed an indecent act with the victim, such as the victim’s body or body.

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

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

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