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(영문) 서울동부지방법원 2019.11.28 2019고단2606

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등

Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

【Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Place)】

1. On March 28, 2019, around 21:02, the Defendant: (a) was divided into two parts of the victim’s sound part by fingers over two times, following the delay of the victim D (n, 28 years of age) at the exit 8 line C, No. 4 located in Gangdong-gu Seoul Metropolitan Government, and the victim D (n, b8 years of age).

Accordingly, the defendant committed an indecent act against the victim in a concentrated place such as means of public transportation.

【2019 Highest3027】 (Public performance and obscenity)

2. At around 11:10 on August 28, 2019, the Defendant: (a) on the seat No. 116 of the “FC” in which many unspecified visitors are located on the 11st underground floor of Gangdong-gu Seoul, Gangdong-gu, Seoul; (b) reported the G seat No. 118; (c) laid down the 118 seat above that part of the G; and (d) carried out self-defense by hand, and continued to do so after the seat of the said G; and (c) committed an obscene act, such as gathering a fixed amount, by viewing the rear behind the seat of the G.

Summary of Evidence

[Evidence 1] (Evidence: Evidence of 2019 Highest 2606 Case)

1. Defendant's legal statement;

1. Statement made to D by the police;

1. One set of 8 lines C c-tv video CDs [the facts set forth in 2 at the time of market: documentary evidence of 2019 order 3027];

1. Defendant's legal statement;

1. G statements;

1. Application of on-site photographs and CCTV video CD-related Acts and subordinate statutes;

1. Relevant Article on criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 245 of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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

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

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons

1. Imprisonment with prison labor within the applicable range from January to June 2.