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(영문) 서울중앙지방법원 2014.12.31 2014고단8653

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 80 hours.

Reasons

Punishment of the crime

On February 21, 2012, the Defendant sentenced one year and six months to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Seoul Central District Court on February 21, 2012, and completed the execution of the sentence in the Ansan Prison on July 20, 2013.

Criminal facts

On November 10, 2014, at around 04:40, the Defendant discovered that the Victim I (Inn and 28 years of age) gets out in the water room in the Jung-gu Seoul Metropolitan Government “H History” located in Jung-gu, Seoul. On November 10, 2014, the Defendant left the part of the Defendant’s left hand and got out of the part below the victim’s left hand.

Accordingly, the Defendant committed an indecent act against the victim at a public gathering place as above.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

1. A written statement of I;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records, copies of written judgments, and current status of personal identification and confinement;

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

1. Article 35 of the Criminal Act among 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, although the defendant was punished by a fine due to the same crime during the period of repeated crime (this Court Decision 2013Da7657, 2014MaMa2366 (merged)), the victim, who was forced to punish the defendant and was sentenced to a sentence due to his/her character and behavior, is obliged to submit personal information to the related agency pursuant to Article 43 of the same Act, in cases where the conviction of the defendant against the crime subject to registration of personal information becomes final and conclusive by taking into account all the circumstances indicated in the record, such as the defendant's age, character and conduct, family relationship, and circumstances before and after the crime, etc.

The defendant of the order of disclosure or notification.