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(영문) 서울북부지방법원 2017.08.17 2017고단2806
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On June 20, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Advanced Places) at the Seoul Central District Court on June 20, and completed the execution of the said punishment on November 15, 2014.

1. On June 26, 2017, at around 07:30, the Defendant committed an indecent act against the victim for about 2 minutes in the way that the victim’s negative and a lower part of the two-minutes were displayed on the front line of the subway line No. 774-33 subway No. 1, the subway No. 964-33 subway No. 1, the same Gu-ro, 11-ro, 77 subway No. 1, the train No. 1, the train No. 777-33 of the same Gu in the front line of the train No. 1, the Defendant committed an indecent act on the part of the victim’s free hand.

2. Around 07:30 on June 27, 2017, the Defendant committed an indecent act against the victim for about 2 minutes in the manner of spreading the victim’s name-free women in front of the subway train No. 77 subway No. 1, the subway No. 774-33 subway No. 1, the same Gu-ro 11-ro in the Dowing mountain station of Dobong-gu Seoul, Dobong-gu, Seoul, in the front line of the subway No. 964-33 subway No. 1, the Defendant committed an indecent act against the victim in the manner of spreading the victim’s name-free women.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Screening pictures by means of an investigation report (to be accompanied by screen pictures taken by a victim C), CDs for storage of motion pictures submitted by a victim C, and screen pictures by capturing a motion picture submitted by a victim C;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (report on previous convictions and confirmation of criminal suspects and repeated crimes);

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

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

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

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

1. The records are shown as follows: (a) Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes; (b) Article 49(1) main text and Article 50(1) main text of the Act on the Protection of Juveniles against Sexual Abuse; and (c) the Defendant’s age, occupation, sex, family relationship; and (d) circumstances before and after crimes.

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