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(영문) 서울북부지방법원 2020.06.05 2020고단365
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment with prison labor 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 December 18, 2019, around 08:17, 2019, the Defendant 243, from the subway 6-line, the subway line 6-line, the subway line located in Seongbuk-gu, Seongbuk-gu, Seoul, 243, the subway line 6-1 located in the Dong-ro, Nowon-gu, Nowon-gu, in the same city, in the subway line 92-1, the Defendant 1-lined with the cell phone of the victim B (the family name, the female, and the age 2) located therein, and 1-timed with the finger.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police against B;

1. A report on internal investigation (the verification of CCTV images of the 6th Jeju Jeju Jeju Jeju Jeju High Zone and the rupture basin), and a report on investigation (the other party to the victim);

1. Application of the Acts and subordinate statutes on the 6-ray CCTV images to the 6-ray Jeju Jeju Jeju Island, to the photograph of the victim, to the suspected photograph of the victim, and to the photograph of the 6-ray Jeju Jeju Jeju Jeju Jeju Jeju Island, the suspect of the 6-ray

1. Article 11 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 17264 of May 19, 2020) and the choice of imprisonment with prison labor, the choice of a criminal defendant

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

1. The reason for sentencing under Article 16(4) and the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed an indecent act against the victim’s knife in the subway train where the defendant is a place where the public is concentrated, and the victim seems to have knife off due to his knife and sexual humiliation.

Under the same law in 2017, the defendant has been punished as a suspended sentence of imprisonment by committing a crime of indecent act by force.

The victim is trying to punish the defendant.

On the other hand, the defendant recognized the crime and made a mistake against the defendant.

It seems that it was committed due to the fall of intellectual disability Grade 3, and the family members of the defendant are trying to prevent recidivism.

Pleadings and records, such as the age, character and conduct, the environment, the circumstances of the crime, and the circumstances after the crime, etc.

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