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(영문) 수원지방법원 2018.11.29 2018고단5846
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than two months.

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

Reasons

Punishment of the crime

[criminal history] On September 7, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) at the Incheon District Court, on December 12, 2016, the execution of the sentence was terminated at the Child Training Correctional Institution on November 10, 2017; on November 10, 2017, the Seoul Southern District Court was sentenced to ten months of imprisonment with prison labor for an indecent act by force; and on May 16, 2018, the Seoul Southern District Court completed the enforcement of the sentence.

[2] On October 5, 2018, at around 02:39, the Defendant: (a) followed up the victim E (one-time, 19 years of age) who takes up a soup in a soup room of “D”, which is located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, and takes up by making soup.

Accordingly, the Defendant committed soup, which is a place where the public is concentrated, indecent act on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A criminal investigation report (the head of a CCTV image course for a crime).

1. Previous convictions: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, (A), the results of search by prisoners, investigation reports (reports made before and after such judgment, reporting on confirmation of the fact of repeated crimes);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Where a conviction of the accused against the duty to register and submit personal information under Article 56(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is finalized, 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 is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, details and motive of the crime, method and seriousness of the crime, and the degree of disadvantage to the defendant due to the disclosure order or notification order.

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