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(영문) 서울북부지방법원 2016.06.09 2016고단277
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

around 00:25 on November 27, 2015, the Defendant discovered the victim G (the age of 27) seated near D Station located in Seoul Special Metropolitan City, Nowon-gu, in order to commit an indecent act against the victim by finding out the victim G (the age of 27) who was seated in the seat, and was seated on the left side of the victim, and opened the victim's left side seat over 3 to 4 times. On the other hand, the Defendant spuckbucks down the front left side of the victim's seat over 3 to 3 to 4 times. On the other hand, the Defendant moved the victim's sexual flag before the victim.

The act of self-defense was committed.

Accordingly, the defendant committed an indecent act on people in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

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

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

1. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, criminal record and risk of recidivism, profits and preventive effects expected due to the instant disclosure order and notification order, disadvantages and side effects, etc., there are special circumstances in which the Defendant’s personal information may not be disclosed or notified.

(C) The Defendant and his defense counsel asserted that the Defendant was physically and mentally deprived or physically weak at the time of the instant crime.

Although the Defendant was in a drunken state at the time of committing the instant crime, there are various kinds of facts, such as the background and means of the instant crime, the details of the crime, and the Defendant’s behavior before and after the instant crime.

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