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(영문) 서울중앙지방법원 2018.05.10 2017고단9053

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 7, 2016, the Defendant was sentenced to eight months of imprisonment by the Seoul Central District Court due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crow Places) and completed the execution of the sentence in the Southern Prison on June 20, 2017.

【Criminal facts” around September 26, 2017, around 19:21, the Defendant committed an indecent act against the victim in the previous car, which is a place where the general public is concentrated, by taking advantage of knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, in the previous car operated from the air room of the East-gu Seoul Jung-gu Seoul Central Park Park Park to the air room of the Dong-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of the victim;

1. The closures of fluor videos;

1. Previous convictions: Inquiry into criminal history, application of each judgment, and application of Acts and subordinate statutes concerning personal confinement;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order was that the Defendant had been punished several times due to a fine, suspension of execution, sentence, etc. for the same crime, and the instant crime was committed during the period of repeated crime as long as the Defendant was released.

On the other hand, taking into account the fact that the defendant recognized the facts charged and agreed smoothly with the victim, taking into account the favorable circumstances, and taking into account the defendant's age, sex, environment, motive and result of the crime, circumstances after the crime, degree of prosecution, etc., the punishment like the order shall be determined by comprehensively taking into account the various sentencing conditions shown in the argument of this case.

Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes becomes final and conclusive on the facts constituting a sex offense subject to registration and submission of personal information.