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(영문) 서울북부지방법원 2016.10.06 2016고단2592
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 29, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse at the Seoul Northern District Court on April 29, 2016, and the judgment became final and conclusive on July 23, 2016.

1. On August 3, 2015, the Defendant, as a person of Grade II intellectual disability, committed an indecent act against the victim in means of public transportation by holding a seat attached to the victim’s name and unclaimed bucks in the front line of subway line 1, which operated nearby the subway station in Jongno-gu Seoul, on August 3, 2015, when the Defendant, as a person of Grade II, lacks the ability to discern things or make decisions.

2. On March 3, 2016, the Defendant, as a person of Grade II intellectual disability, committed an indecent act against the victims in the means of public transportation by making it difficult for the Defendant to discern things or make decisions. On March 3, 2016, the Defendant, as a person of Grade II, committed an indecent act against the victims in the means of public transportation by making it difficult for the Defendant to sit between the victim E (the victim E, the age of 19) and the victim F (the age of 24) seated within the subway 1 train that operated near the D Station located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, and by taking the Defendant’s bridge back to the victim’s e bridge, by taking the victim’s bridge fast up to the victim’s F.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Investigation report (where a suspect commits a crime, motion picture shooting), criminal photograph, and criminal video CDs;

1. A report on information and a caps;

1. Previous convictions in judgment: To refer to criminal and investigation experience data inquiry, investigation reports (verification while a suspect is pending in trial), copies of indictments, and application of the relevant Acts and subordinate statutes to search cases;

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

1. Article 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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 punishment, etc. of sexual crimes committed against him/her;

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