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(영문) 서울중앙지방법원 2014.07.18 2014고단3894
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 40 hours.

Reasons

Punishment of the crime

On December 20, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for public performance and obscene crimes, etc. at the Seoul Central District Court on December 20, 2013, and the execution of the sentence was terminated at the Seoul Detention Center on March 30, 201

Criminal facts

1. On May 3, 2014, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Conduct at Public Place) from around 10:35 to 11:05 of the same day from May 3, 2014, the Defendant became aware of the fact that the Defendant, from around 10:35 to around 11:05 of the same day, he went through the train 3 lines of subway 15-40 located in Jin-ro 2 of Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, that he was inside the front-run-dong vehicle, and that he was seated with the reflectd land in the victim C (hereinafter, 16 years of age) who was seated into the left side of the victim’s left side.

Accordingly, the defendant committed an indecent act against the victim in the subway train, which is a place where the public is concentrated.

2. Around 16:00 on June 2, 2014, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place) (hereinafter referred to as “Indecent Acts at Open Place”), around 16:0 on June 2, 2014, 200: (a) around the Macheon-dong, Yeongdeungpo-gu, Seoul Metropolitan Government, where the two-lines of five subway lines under the 33-79 passes through the 5 lines of subway lines; (b) up to one hand, the victim’s name unbuckbucker (age, e.g., e., e., e., e., the victim’s name and unclaimed boxes (age) standing in front of the train in front of the train in front of the train in front of the train in front of the train in order to get off from the train in front of the train in front of the train in front of the train in front of the train in front of the same day.

Accordingly, the defendant committed an indecent act against the victims in the subway train, which is a place where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to C and D;

1. C’s statement;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (reports attached to criminal records and other similar military records);

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

1. The Criminal Act among repeated crimes;

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