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(영문) 서울중앙지방법원 2019.09.20 2019고단2193
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal power] On July 21, 2017, 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 (Indecent Acts at Open Place) at the Jung-gu District Court on July 21, 201, and completed the execution of the sentence in the Ansan Prison on November 22, 2017

【Criminal Facts】

"2019 Highest 2193"

1. On April 3, 2019: (a) around 08:15, the Defendant: (b) used the gap between the victim B (a) and the surrounding area in front of the subway No. 4 that moves from the subway No. 102 to the inside of a mountain view in the Seongbuk-gu Seoul Seongbuk-gu, Seongbuk-gu, Seoul, to the inside of a mountain view; and (c) applied his sexual organ closely to the victim’s her maret.

As a result, the Defendant committed an indecent act against the victim in the former car which is a means of public transportation.

"2019 Highest 5017"

2. 피고인은 2019. 3. 11. 20:20에서 같은 날 20:34경 서울 중구 을지로 281에 있는 지하철 4호선 동대문역사문화공원역 방면에서 성신여대입구역 방면으로 이동하는 전동차 안에서, 피해자 C(가명, 여, 27세)의 등 뒤로 접근하여 피고인의 성기를 피해자의 엉덩이 부위에 비볐다.

Accordingly, the Defendant committed an indecent act against the victim in the front car, which is a place where the public is concentrated.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of B and C;

1. An investigation report (verification of CCTVs from the Roman director-distance station);

1. Eglar photographs and CDs;

1. Previous records of judgment: Investigation report (verification of facts of repeating a suspect, and attachment of a previous conviction and judgment), application of Acts and subordinate statutes concerning the status of confinement for individuals;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts, and the choice of imprisonment;

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. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and Article 56 (1) of the Act on Welfare of Disabled Persons.

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