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(영문) 서울중앙지방법원 2018.05.11 2018고단1825

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal history] On August 25, 2017, the Defendant was sentenced to four months of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) at the Seoul Eastern District Court (Seoul Eastern District Court) and completed the execution of the sentence at the Seoul Eastern District Court on December 22, 2017.

[2] On March 16, 2018, around 14:30, the Defendant discovered the victim E (n, 20 years of age) who passed through the subway 2 line D located in Seocho-gu Seoul Metropolitan City, Seocho-gu, with the intent to commit an indecent act against the victim, and moved the victim to the back of the electric train operated by the F Station according to the victim, and then she was able to see that the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her with his her her her her her her her her her her her her hand in his her hands in the moving train, and her her her her her b

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to report criminal investigations (report on the confirmation of repeated crimes and the records of the same crime);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

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

1. The reasons for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order are not only twice the criminal history of punishment for the same crime, but also twice the period of repeated crime due to the same crime, and even if the defendant was released from prison, he/she committed the crime of this case, he/she shall be sentenced to severe punishment, and the punishment shall be determined as ordered by taking into account the following factors: (a) the defendant's act is against his/her wrongness; (b) the method of the act in this case and the degree of damage caused thereby; and (c) the defendant's age, sex behavior, environment, circumstances after the crime, etc.

The judgment of conviction is a sex offense subject to the registration of personal information.