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(영문) 서울중앙지방법원 2014.11.14 2014고단5675

상습강제추행등

Text

A defendant shall be punished by imprisonment for nine months.

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

Reasons

Punishment of the crime

[Criminal Power] On October 8, 2013, the Defendant was sentenced to six months of imprisonment with labor for a crime of violating the Act on the Punishment of Sexual Crimes and the Protection of Victims (Indecent Acts at Open Place) at the Seoul Central District Court on February 17, 2014, and completed the enforcement of the said sentence at the Seoul Detention Center.

【Criminal Facts】

1. On July 29, 2014, around 09:30 on July 29, 2014, the Defendant found the victim D from the subway 2 lines stopping in the subway station located in the south-west cycle of Dongjak-gu Seoul Metropolitan Government that they had on the said subway and attempted to commit an indecent act against the said victim.

피고인은 사당역 방면에서 서초역 방면으로 진행하는, 공중이 밀집하는 장소인 지하철 2호선에서 피해자의 뒤로 다가가 오른손등으로 피해자의 엉덩이를 비볐는데, 피해자가 추행사실을 인식하고 앞으로 한 발자국 움직이자 계속하여 피해자의 뒤에 따라붙어 손등으로 피해자의 엉덩이를 약 3분간 비비는 방법으로 피해자를 강제로 추행하였다.

Accordingly, the defendant committed an indecent act against the victim at a place where public transportation is concentrated.

2. On July 29, 2014, the Defendant: (a) committed an indecent act against the said victim; (b) committed an indecent act in the Seocho-gu Seoul Seocho-gu Seocho-gu Office; and (c) brought the said victim into the Seocho-gu Seocho-gu Seocho-gu Office. In order to comply with the Defendant’s indecent act by force, the said victim: (a) left hand to the Defendant; (b) left hand to the Defendant; and (c) caused the victim’s bodily injury to the victim, who was deprived of his/her possession for the purpose of escape from the said victim; and (d) caused the victim’s bodily injury that requires treatment for the number of days of treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. A report on investigation (related to support for victims) and a report on investigation (the confirmation, etc. of CCTVs in Seocho Station);

1. Previous convictions indicated in the judgment: Investigation report (same type of force, repeated crime), copy of the judgment, and current status of the number and confinement of each individual;