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(영문) 수원지방법원 성남지원 2019.06.21 2019고단1100
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On November 30, 2017, the Defendant sentenced ten months to imprisonment with labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) at the Seoul Central District Court on November 30, 2017, and completed the execution of the sentence at the Seoul East House on July 29, 2018.

【Criminal Facts】

At around 03:30 on February 16, 2019, the Defendant thought that the Defendant was divingd at the Sungnam-gu, Sungnam-gu, Sungnam-si B, to report the victim D (tentative name, n, 20 years of age) and to take up the victim. On the other hand, the Defendant got out of the victim’s body, covered the victim’s body with a large number of knife and buck up the victim’s knife with the victim’s knife with the knife. knife.

In this respect, the Defendant committed indecent act against the victim at a public gathering place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. On-site CCTV CDs;

1. Previous records: Criminal records, inquiry reports (A), investigation reports (verification of the period of repeated crime of a suspect and attachment of the same kind of judgment), judgments, and current status of confinement of individuals;

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

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

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Where a conviction on a sex crime subject to registration becomes final and conclusive in the judgment that is subject to the obligation to register and submit personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information under Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated

The reason for sentencing is the confession of the defendant.

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