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(영문) 서울중앙지방법원 2012.10.19 2012고합1205

상습강제추행

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

Defendant

On December 9, 2011, an applicant for attachment order (hereinafter referred to as "defendant") was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Place) and the decision was confirmed on December 17, 201 and is still under probation.

1. On June 19, 2012, around 19:13, the Defendant: (a) boarded in the subway station platform from the subway station, which is a place where the general public is concentrated in Guro-gu Seoul Metropolitan City, Guro-gu, 460-26, the Defendant: (b) pushed down the victim’s knift with his hand after being pushed in the difference of passengers, such as the victim C (V, 21 years old); and (c) met the victim’s knift with his hand.

2. At around 19:14 on the same day, the Defendant: (a) marned the victim’s her hand in the electric car from the subway line 1 subway station located in Guro-gu Seoul Metropolitan City, Guro-do, to the front line, where the general public is concentrated in the marg section from the 460-26 subway station; and (b) her her son was pushed back with the victim’s her her her

3. At around 19:22 on the same day, the Defendant: (a) mard the victim’s son and her son, after the victim E (n, 25 years of age) in the previous mar, a place where the general public is concentrated in the mar basin in the mar basin in Bupyeong-si, Seocheon-si, Seocheon-si, Seocheon-si.

As a result, the Defendant committed an indecent act on people three occasions at a densely-populated place such as means of public transportation.

Summary of Evidence

1. The defendant's partial statement in court (the third trial date);

1. Statement of the accused in the first trial records (this Court Decision 2012 High Court Decision 3461);

1. Each police statement to C, D, and E;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (attached to judgments of the same kind as a suspect, etc.);

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

1. The first sentence of Article 37, Article 38(1)2, and Article 50 of the Criminal Act, which are the largest of concurrent crimes, shall be deemed to be concurrent crimes.