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(영문) 서울북부지방법원 2016.03.24 2016고단515

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

On May 15, 2015, the Defendant was sentenced to six months of imprisonment by the Seoul Central District Court for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Advanced Places) and completed the execution of the sentence on January 30, 2016.

On February 15, 2016, around 11:30 on February 15, 2016, the Defendant boarded from subway No. 4 lines in Seoul, into E Station 4 lines, and discovered the Victim F (F) seated on the job, and led the Defendant to commit an indecent act against the victim.

The Defendant, between 11:30 and 11:50 on the same day, got her left hand to the right side of the victim until the said electric vehicle arrives at the E station.

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. Statement made by the police with regard to F;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (verification of criminal records of the same kind as the suspect and repeated crime), copy of the judgment, number of individual identifications and current status of expropriation;

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

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 Order;

1. Article 47 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Abuse and Article 49 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction becomes final and conclusive on the facts constituting 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)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, inasmuch as 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 is obligated to submit personal information to a competent agency pursuant to Article 43 of the same Act.

With the reasons for sentencing, the major factors of sentencing, the age, sex, intelligence and environment of the defendant, and the defendant.