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(영문) 의정부지방법원 2016.11.11 2016고단4090
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 February 15, 2008, the Defendant was sentenced to seven years of imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) at the District Court of Jung-gu District on February 15, 2008. On January 28, 2015, the Defendant completed the execution of the sentence at the

【Criminal Facts】

On August 8, 2016, the Defendant: (a) around 21:32, at the bus stops located in the Jung-gu Seoul Metropolitan Government, the Defendant: (b) boarded in the EF bus to the left side of the victim G (a name, leisure, 20 years old); (c) opened the victim’s left side, and (d) opened the victim’s bus at the “I” bus stops in the Namyang-si, Namyang-si, Seoul, at around 21:49 on the same day; (d) opened the victim’s sexual flag in contact with the victim’s am, and (e) committed an indecent act against the victim’s sexual flag brought about the victim’s am.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. A report on the occurrence of a sexual crime (Violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes), a report on internal investigation (execution of a warrant of search and seizure), a report on internal investigation (CCTV tracking matters), a report on internal investigation (execution of a warrant of search and seizure), a report on internal investigation (execution of a warrant of search and seizure) and a report on internal investigation (the specific case in which the suspect is identified);

1. Inquiry into the search and seizure inspection warrant results, replys, and comparative list of card transactions;

1. Photographs photographs of the CCTV images of the F bus, screen pictures of CCTV for crime prevention before the J convenience point, screen pictures of K CCTV, and photographic pictures of bus cards held by the suspect;

1. Previous records of judgment: Application of criminal records, etc. and investigation reports (applicable to the records of the same kind of suspect, repeated crimes, and reports on confirmation);

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

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