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(영문) 서울중앙지방법원 2016.03.11 2015고단7469

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[Criminal record] On September 26, 2014, the Defendant was sentenced to six months of imprisonment with labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) at the Seoul Central District Court on September 26, 2014 and completed the execution of the sentence at the Seoul Detention Center on January 21, 20

[2015 Highest 7469]

1. On November 16, 2015, at around 19:50 on November 16, 2015, the Defendant committed an indecent act against the victims in the subway station, a public means of transportation, by committing an indecent act on the part of the victim E (the victim E (the son, the son, the son, the son aged 24) who is living in front of his finger and the Defendant’s sexual father while getting in the train in Seocho-gu Seoul Metropolitan Government, and moving the son continuously to the son F (the son, the son, and the 25 years old).

[2016 Highest 441]

2. On November 2, 2015, at around 08:06, the Defendant: (a) boarded in the D Station located in Seocho-gu Seoul Metropolitan Government, in the direction of the opening station; (b) even multi-user lines following the Victim G(s)’s G, etc.; and (c) ran the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the defendant in the first trial record;

1. Statement of the police statement related to G;

1. Each statement of E and F preparation;

1. A criminal investigation report (to hear statements from the victim F phone) and recording paper;

1. Investigation report (Investigation of timberers and CCTV around the scene);

1. Investigation reports (in response to the results of a request for DNA appraisal), appraisal reports, and the results of inquiries into the personal information of convict DNA;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, personal identification, copy of written judgment, and Acts and subordinate statutes of investigation report (verification of suspect records);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the crime;

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

1. The former part of Article 37 of the Criminal Code, and Article 38.