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(영문) 서울동부지방법원 2013.09.13 2013고단1584
성폭력범죄의처벌등에관한특례법위반(성적목적공공장소침입)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

1. Around 03:28 on July 1, 2013, the Defendant intruded into a public room of the above friendship or women’s escape, which is a public place, with a view to meeting his/her sexual desire at around July 1, 2013.

Accordingly, the defendant had sexual purpose and infringed on the women's room, which is a public place.

2. Quasi-Indecent act by compulsion was committed by the Defendant, at the same time and at the same time, who was divingd in the female escape room of the above 'Dratium', brought about the victim's left chest by drinking the victim E (the age of 50) to force indecent act by force.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Application of CCTV Acts and subordinate statutes;

1. Relevant Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Articles 29 and 298 of the Criminal Act, and the choice of imprisonment with prison 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 (i.e., the attitude of reflection, the primary crime, the agreement with the victim, and the family relationship);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. Where a judgment becomes final and conclusive to submit personal information which is exempted from disclosure of personal information pursuant to Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the proviso to Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (which does not disclose personal information in consideration of the circumstances described in the grounds for suspension of execution), the defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes,

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