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(영문) 전주지방법원 군산지원 2018.08.24 2018고단498

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

[criminal history] On January 30, 2015, the Defendant was sentenced to six months of imprisonment for a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) in the Daejeon District Court’s Support for the Punishment, etc. of Sexual Crimes on January 30, 2015 and completed the execution of the sentence in the Daejeon District Court’s branch office.

[Criminal facts]

1. On March 3, 2018, the Defendant committed the crime on March 3, 2018, around 10:27, 2018, on the third floor of the building B in Gunsan-si, Sinsan-si, the Defendant: (a) placed the victim C (a person, f2 years of age) under the opening of the victim’s right edge; (b) placed the victim’s body and knife the victim’s hand on the top of the victim’s right edge; and (c) laid down the victim’s hand on his/her hand; and (d) laid down the victim’s buckbuck.

2. On March 15, 2018, the Defendant committed a crime on March 15, 2018: (a) up to 05:00 to 06:00 on March 15, 2018, the victim D (one person, two person, and forty-eight years of age) who was divingd at the place specified in paragraph (1) was placed under the victim’s name, on the ground that the victim’s body and hand were removed from the place below the victim’s location, and was exposed to the victim’s distress by hand.

Accordingly, the defendant committed an indecent act against the victims in a concentrated place twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D or C;

1. Previous convictions: Application of Acts and subordinate statutes to inquiries, such as criminal history, written inquiries, investigation reports (Attachment to the previous decisions and personal confinement status);

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

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. Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order: (a) The reason for sentencing of the Defendant acknowledges and reflects the offense; and (b) the Defendant’s act appears to result from mental cause as if he/she were to recognize, and thus, treatment is given priority in preventing recidivism rather than punishment; and (c) the Defendant has to receive treatment by treating the Defendant, who

this title shall be favorable.