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(영문) 서울남부지방법원 2017.11.15 2017고단3670

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

1. From May 16, 2017 to around 18:25, the Defendant committed an indecent act against the victim D, committed an indecent act against the victim for about 8 minutes, including repeated contact with his or her sexual organ on the part of the victim D (the victim D, 26 years old), who started from the Yangcheon Public Vehicle Notice and came to view for viewing.

2. On June 30, 2017, the Defendant: (a) started from the victim F, the Defendant committed a crime against the victim F and committed an indecent act against the victim, such as repeatedly contacted the victim’s sexual organ on the part of the lower part, and repeatedly contacted the victim’s her sexual organ on the part of the lower part, by discovering the victim F (the 14-year old-age-old-age-old-age-age-old-age-based-age-based-age-based-based-age-based-based-based-based-based-based-based-based-based-based

Accordingly, the Defendant committed an indecent act on people on two occasions in means of public transportation, which is a densely concentrated place by the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Records of statements made by victims (F);

1. Application of the Acts and subordinate statutes on CCTV outputs;

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

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 Defendant, on June 22, 2010, was sentenced to a fine of two million won due to a charge of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct in Public Crows) on the Punishment, etc. of Sexual Crimes under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed the crime described in Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under order on April 20, 2016. On May 20, 2016, the Defendant was sentenced to a suspended sentence of one year for the same crime on April 28, 2016 and committed the crime described in Article 16(1) of the Criminal

As such, the defendant repeatedly commits a similar crime, and the crime of this case causes victims to feel a considerable sexual humiliation and aversion, and further victims.