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(영문) 서울중앙지방법원 2018.12.14 2018고단6007

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

Reasons

Punishment of the crime

[criminal history] On August 18, 2015, the Defendant was sentenced to an order to attach an electronic tracking device for two and three years to a similar rape, which was issued by the Sucheon Prison on August 18, 2015, and the judgment became final and conclusive on November 11, 2015, and completed the execution of the sentence on April 4, 2017.

[2] On August 22, 2018, around 18:36, the Defendant: (a) attached even after a female victim, who is a woman, whose name cannot be known in the sudden ebbbbbbbbbbing phase of motion in the subway 9 line high-speed terminal station located in Seocho-gu Seoul, Seocho-gu, Seoul, and was pushed off about 4 minutes of the Defendant’s sexual organ on the victim’s mack.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (the statement made orally by the victim of the case);

1. A report on investigation, compilation of evidential images, and documentary images;

1. Previous records: Application of the current status of acceptance by individuals, replys to inquiries, investigation reports ( Results of prisoner search) and Acts and subordinate statutes;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Assault Crimes which are applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes; Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Articles 56(1) and 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where a conviction becomes final and conclusive on the facts constituting an offense subject to restriction on employment; the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and the obligation to submit personal information to a competent agency pursuant to Article 43 of the same Act.

The reason for sentencing is not only several times that the defendant has been punished for the same crime, but also the same and similar methods during the period of repeated crime due to the same crime.