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(영문) 수원지방법원 여주지원 2018.09.21 2018고단435
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On June 23, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes in Seoul Northern District Court (an indecent act in a densely concentrated place), and the judgment became final and conclusive on August 29, 2016. On September 29, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (an indecent act in a densely concentrated place) at the Seoul Northern District Court and was sentenced to two years of suspension on January 20, 2017, and the said judgment became final and conclusive on January 20, 201

On April 4, 2018, around 08:25, the Defendant taken a train from subway 7, the subway line 297, a subway station located in Jung-gu Seoul, Jung-gu, Seoul, to be a plane room in the front line, and committed an indecent act against the victim in the mass means of transportation by sticking the Defendant’s sexual flag part attached even after the victim B (V, 24 years old) in front of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation (for the victim B's on-site statement);

1. Application of Acts and subordinate statutes on report on internal investigation (victim B telephone communications);

1. Articles 11 and 47 (1) 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 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. In full view of various circumstances, including the Defendant’s age, sex, environment, social relationship, risk of recidivism, the disclosure order of this case, and the effect expected by the disclosure order and notification order of this case, and the disadvantages and side effects therefrom, there are special circumstances in which the Defendant’s personal information is not disclosed, notified, and the restriction on employment is not ordered, in full view of Articles 47(1) and 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the Employment Restriction Order, the proviso to Article 49(1), the proviso to Article 50(1), and the proviso to Article 56(1) (the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse;

The crime of indecent act by force, which is a sex offense subject to registration and submission of new information, is committed.

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