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(영문) 서울동부지방법원 2020.01.30 2019고단3198
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On July 10, 2019, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Place) was seated on the side of the victim D (Gam, Gam, 22 years old) who was seated on the platform of Seoul subway Line 2 located in Seocho-gu Seoul Metropolitan City, Seocho-gu, Seoul, and got off the victim by hand.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

2. The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”), at the time and place indicated in the above paragraph (1), and at the above place, taken the victim’s her her her her her her her her her her her her son with

Accordingly, the defendant taken the body of the victim who could cause sexual humiliation or shame by using a camera, against the victim's will.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of the Acts and subordinate statutes governing cell phone pictures;

1. Relevant Article on criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes elective Crimes, Article 14 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a point of view in shooting a camera), and the choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes above)

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

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. One month to six years of imprisonment with prison labor within the applicable range;

2. The Defendant, who made a sentence, commits an indecent act against the victim at a public densely populated place, and furthermore, takes the victim’s her tumm.

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