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(영문) 서울중앙지방법원 2013.11.27 2013고단6471
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

A defendant shall be punished by imprisonment for two years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On July 27, 2011, the Defendant was sentenced to two years of imprisonment with prison labor at the Seoul Central District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Space), and completed the execution of the sentence at the original prison on June 28, 2013.

2. Criminal facts;

A. Around September 9, 2013, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Space) committed an indecent act against the victim at a fluorous place where the victim C (V) was pushed down in front of the front part of the train within the subway around the additional digital group area in the Gu road around September 08, 2013, when the train of the subway 1, subway subway toward the additional digital group area in the Gu road, and the victim’s macks the front part of the body in front of the train, and commits an indecent act against

B. The Defendant is the Defendant of assault.

At around 08:15 on the same day, the crime of paragraph (1) was discovered, and the victim was committed on the hand floor on the ground that the victim gets her clothes in order to prevent the escape of the defendant, which was committed by assaulting the victim when her left her ket.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written statements of D;

1. Complaint;

1. Previous records of judgment: Application of criminal records and investigation reports (a confirmation of the same criminal records and attachment of judgment, etc.);

1. Indecent conduct in the relevant law on criminal facts: Violence under Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: Article 260 (1) of the Criminal Act;

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

1. Where a conviction against a defendant is finalized with respect to a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes in the Judgment that is subject to the registration of personal information under Articles 49 (1) and 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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