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(영문) 서울중앙지방법원 2018.08.30 2018고단3765
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 40 hours.

Reasons

Punishment of the crime

[criminal history] On August 8, 2016, the Defendant was sentenced to two years of imprisonment by the Incheon District Court due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows), etc., and completed the execution of the sentence in the Jung Eup prison on June 6, 2018.

[2] On June 11, 2018, at around 18:46, the Defendant committed an indecent act against the victim in means of public transportation, such as: (a) on the opening line of subway No. 47, Guro-gu, Seoul, about 40-ro, using the mixed state of passengers in the railroad station located in the railroad station located in the subway No. 47-ro, Guro-gu, Seoul, and (b) after the victim C (V, 35 years of age), the Defendant used the parallel state of passengers in the railroad station located in the railroad station located in the railroad station; (c) and (d) the victim’s her sexual organ is her sexual organ in the her amb, and (d) the victim’s ambat with his/her left hand, even if the victim refuses to take his/her hand back, the Defendant committed an indecent act against the victim in any means of public transportation, such as continuing

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A report of investigation (understanding of Control);

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (verification of the period of repeated crime);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;

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

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes; Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Articles 56(1) and 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, where a conviction becomes final and conclusive on the facts constituting an offense subject to restriction on employment; the Defendant is a person subject to registration of personal information pursuant to Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and the obligation to submit personal information to a competent agency pursuant to Article 43 of the same Act.

The defendant's reason for sentencing is the theft and sex offense, etc.

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