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(영문) 서울서부지방법원 2018.09.19 2018고단2145
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 9, 2018, around 17:35, the Defendant got off the part of the Victim E (33 years, women) from the front line of Yeongdeungpo-gu Seoul Metropolitan Government B subway 2 to D station in the previous line D station. The Defendant got off the part of the Victim’s sexual flag to his hand.

Accordingly, the defendant committed an indecent act against the victim within the former train which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. 112 Application of the Acts and subordinate statutes governing the table of reported case settlement;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. There is a record of being punished for the same crime as the sentencing of Article 56(1) of the Act on the Protection of Juveniles against Sexual Abuse against whom an employment restriction order was issued. However, on May 13, 2016, the Defendant was sentenced to a suspended sentence for four months by imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crow Places) at the Seoul Central District Court on May 13, 2016 and the said

In light of the fact that the crime of this case was committed, and the fact that the victim was deemed to have suffered a considerable sense of sexual humiliation due to the indecent act of this case, but did not receive a letter from the injured party, the punishment for the crime shall be sentenced to the punishment.

However, the sentencing conditions shown in the records, such as the fact that the defendant reflects his/her mistake, and the defendant's age, sex, environment, and health status, shall be determined as ordered by the sentence.

Where a conviction of this case for the registration of personal information is finalized, the defendant.

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