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(영문) 서울중앙지방법원 2014.09.26 2014고단5503
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 80 hours.

Reasons

Punishment of the crime

On January 8, 2009, the Defendant sentenced the Seoul Western District Court to three years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and the Protection of Victims, etc., and completed the execution of the sentence on August 3, 201.

Criminal facts

1. On July 2014, the Defendant committed the first round of July 2014, the Defendant: (a) around 08:00 on the first round of July 2014, 2014, using the gap in which the victim C (26 years of age, women) was tightly fluord in the attendance time in the subway 2 line, a subway 2 line, a subway station located in Guro-gu Seoul Metropolitan City (in the vicinity of 2-2) located in the new forest basin; and (b) committed an indecent act against the victim’s sexual flag, wherein the victim’s his her her her her her her her her her mb

2. On July 9, 2014, the Defendant committed the crime on July 9, 2014, around 08:04, around 2014, in the front line of subway 2 lines (in the vicinity of subway 2-2), which is the place of public smuggling as stated in paragraph (1) of the above paragraph (1), the Defendant, after the victim C (26 years of age, female) in the front line of subway 2 lines (in the vicinity of subway 2-2), was closely adhered to the victim’s sexual flag to the part of the victim, and committed an indecent act by the victim’s knive hand.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made by the prosecutor to the prosecution;

1. Statement of the police statement regarding C;

1. A written statement prepared in C;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes;

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

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, in addition to the previous conviction in the judgment, the Defendant does not seem to have committed each of the crimes of this case in the absence of improvement of his character and conduct despite the fact that the same criminal records were five times before the judgment, and thus, the sentence of the crime of this case is inevitable. However, booming with the victim is not enough to commit each of the crimes of

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