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(영문) 서울중앙지방법원 2015.12.11 2015고단6384
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 3, 2015, the Defendant was sentenced to four months of imprisonment with prison labor at the Seoul Central District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the judgment became final and conclusive on October 16, 2015.

1. On June 22, 2015, the Defendant: (a) around 20:40 on June 22, 2015, the Defendant: (b) committed an indecent act against the victim on the electric car of the passenger transport vehicle, with both her sons from the electric train of the eropic train at the subway station of 117-21, the subway located in Guro-gu Seoul, Guro-gu, Seoul, with the electric car of the eropic train at the subway station of 117-21, the subway located in the subway station of the subway station; (c) and (d) the victim C

2. On September 8, 2015, the Defendant: (a) from around 17:48 to 17:56 the same day, the Defendant committed an indecent act against the victim on the electric car of the means of public transportation, which used the moving station located in 220 in the Dongjak-gu Seoul, Dongjak-gu, Seoul; (b) from the electric car of subway 9 to the train of subway 220, after the victim D (n, 27 years of age).

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. The application of Acts and subordinate statutes to a inquiry report, each written judgment, incomplete ruling, and confirmation report; and

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The Defendant on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order shall be sentenced to imprisonment with prison labor for ten months on October 21, 2009, for the crime of violating the Act on the Punishment, etc. of Sexual Crimes and the Protection, etc. of Victims, three years of suspension of execution, a fine of seven million won on November 9, 201, a fine of ten million won on May 13, 201, and a fine of ten million won on May 13, 201, and a one-year suspension of the execution of imprisonment with prison labor for one year on November 28, 2014, and in the same manner as the instant case on February 13, 2015.

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