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(영문) 서울북부지방법원 2018.01.11 2017고단5016

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On July 9, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public-populated Places) at Seoul Northern District Court on July 10, 2015 and completed the execution of the said punishment.

1. Plastic Defendant obscenity at around 11:20 on September 7, 2017, when he/she was seated with C bus seated in the upper 297 heading to the upper erode of the 297 upper erode in Seoul, Jung-gu, Seoul, and was seated and was seated and was seated in the erode, D (age 25), he/she gets off his/her sexual flag, and taken out his/her sexual flag.

The act of openly committing an obscene act was committed by a person, such as deceiving the person by hand, etc.

2. On September 7, 2017, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Cpopulated Places) was seated down on the back of the victim F (F, age 26) in the middle-term office building distance in Jung-gu Seoul, Jung-gu, Seoul, toward the private home located in 393 at regular intervals from the middle-term office building distance in Jung-gu, Seoul, Jung-gu, Seoul, to the back of the family located in 393, and the Defendant was seated down on the back of the victim F (age 26) with left hand.

Accordingly, the defendant committed an indecent act against the victim at a place where public transportation is concentrated.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. A report on internal affairs (booms and video images) and photographs of a caps;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (report on fact-finding during the period of repeated crime of the suspect), personal confinement status, and application of a copy of the judgment;

1. Relevant legal provisions concerning criminal facts, Article 245 of the Criminal Act on the selection of punishment, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the selection of imprisonment with prison labor in a densely concentrated place;

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

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes; and Article 49(1) of the Child and Youth.