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(영문) 서울동부지방법원 2019.05.09 2018고단3917
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to take a lecture for sexual assault treatment for 40 hours.

(b) the defendant;

Reasons

Punishment of the crime

To the extent that the facts charged in the indictment do not disadvantage the defendant's exercise of his/her right to defense, some correction or correction was made according to facts obtained through the examination of evidence.

[criminal power] On October 18, 2013, the Defendant was sentenced to one year of imprisonment with prison labor and two years of suspended execution for the crime of fire prevention of general goods at the Seoul Northern District Court, and on May 1, 2015, the Seoul Southern District Court sentenced one year of imprisonment with prison labor for the crime of fire prevention of general goods, etc., and the suspended execution was revoked and the execution of each of the above punishments was completed on September 16, 2016.

【Criminal Facts】

【2018 Highest 3917】

1. On July 12, 2018, at around 06:05 to 06:50 on July 12, 2018, the Defendant committed an indecent act against the victim, such as: (a) sitting in the Gangnam-dong B of Gangnam-dong (hereinafter referred to as the “victim”) of the victim C (hereinafter referred to as the “victim”), sitting in front of the victim’s right bridge; (b) cutting off the victim’s bucks on the victim’s buckbucks; (c) cutting off the Defendant’s sexual organ by hand; and (d) cutting off the Defendant’s sexual organ.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

【2019 order 295】

2. At around 04:00 on July 21, 2018, the Defendant, at the entrance of the first floor of the Seocho-gu Seoul Metropolitan Government D D Building, was able to take off and boomed by a short half of the strings by cutting off the strings at the outdoor te, where they drink together with drinking.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

[Evidence 1] (Evidence: Evidence of 2018 Highest 3917 Case)

1. Each legal statement of witness C and F;

1. Each police statement of F and C [Evidence 2] (Evidence 2 at the time of making a statement: Evidence of the case 2019 order295];

1. Legal statement of witness E;

1. Statement to E by the police;

1. One copy of the field video CD taken by the victim [the previous record in the market] (the evidence record in the case of 2018 Godan3917];

1. Criminal history records, reply reports, and current status of acceptance by individuals;

1. Determination of the defendant and his/her defense counsel's assertion of investigation report (the confirmation of the suspect's history of repeated crime)

1. Summary of the assertion

(a) rule;

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