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(영문) 서울동부지방법원 2014.02.07 2013고단3241

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Criminal facts

1. On November 18, 2013, around 16:10 on November 16, 2013, the Defendant: (a) boarded at the front stop located in Songpa-gu Seoul Metropolitan Government D Middle School located in the F urban bus that is operated on the ground of the victim E (the age of 19). The Defendant committed an indecent act against the victim, such as: (b) the victim was seated on the back seat of the bus; (c) the victim was seated on the back seat of the bus; and (d) the victim was able to sit on the back seat of the bus; and (d) the victim was able to talk on the victim’s side and panty panty

The Defendant, as such, committed an indecent act on the victim in a bus which is a means of public transportation.

2. The Defendant, at around 16:21 on November 18, 2013, committed an indecent act against the victim, on the part of the FF bus as listed in paragraph (1), and on the part of the victim G (at the age of 13) who was seated in another seat after committing an indecent act against the said E, and on the part of the victim G (at the age of 13), committed an indecent act by committing an indecent act against the victim by inserting his hand on the part of the victim’s bucks.

The Defendant, as such, committed an indecent act on the victim in a bus which is a means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Stenographic records;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order; Article 21 (2) of the Act on Protection of Children and Juveniles against Sexual Abuse;

1. The reason for sentencing under Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse was the criminal record of having been sentenced to a fine twice due to a sexual crime. On October 19, 2012, the Seoul High Court issued a suspended sentence of four years and six months, which was sentenced to a suspended sentence of four years and six months, probation, probation, community service, disclosure and notification order, and that the said judgment became final and conclusive on October 27, 2012, against multiple victims without being aware of the fact that the said judgment was in the period of suspended sentence.