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(영문) 서울남부지방법원 2015.10.16 2015고단2292

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. At around 07:50 on May 6, 2015, the Defendant committed an indecent act against the victim at a place where the public is concentrated by inserting hand by inserting hand with the buckbucks between the victim F (the age of 35)’s bucks, where there are many people, and making it possible for the victim to commit an indecent act at a place where the public is concentrated.

2. On May 8, 2015, around 07:51, the Defendant committed an indecent act against the victim in a place where the general public is concentrated, where the victim G (the 30-year-old buckbucks)’s left side bucks are cut off several times by hand, and the public is concentrated, within the dynamics that run towards the Docheon Station in the E basin located in Yangcheon-gu Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to F and G;

1. Location map at the time;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of a photograph of a criminal);

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

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

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

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 49 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on each crime in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the obligation to submit

Defendant

The defendant and his defense counsel alleged that the defendant was in a state of mental disability due to shock disorder at the time of each of the crimes in this case, and thus, they were examined and examined.