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(영문) 서울중앙지방법원 2018.05.25 2018고단1766
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal history] On November 18, 2016, the Defendant was sentenced to one year to imprisonment with 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 Seoul Central District Court on November 18, 2016, and completed the execution of the sentence in Ansan Prison on October 6, 2017.

[ 범죄사실] 피고인은 2018. 2. 19. 08:23 경 서울 동작구 남부 순환로 2089에 있는 지하철 2호 선 사당 역에서부터 교대 역 쪽으로 운행하는 전동차 4 칸 객실에서 승객들이 밀집하여 있는 틈을 이용하여 피해자 C의 등 뒤에 밀착하여 서서 신체 전면을 문지르고, 피해자의 엉덩이에 피고인의 성기를 대고 비볐다.

Accordingly, the defendant committed an indecent act against the above victim at a concentrated place with the public.

Summary of Evidence

1. Statement by the defendant in court;

1. A photograph by cutting a part of the safic image with the safic himself/herself;

1. Investigation reports (in-house capture of the victim), investigation reports (in-house investigation into the victim's statement);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history (A), and application of Acts and subordinate statutes to report on investigation (the same criminal record as the suspect);

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

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

1. If a conviction on the crime of this case, which is a sex crime subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, becomes final and conclusive, the defendant 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

When considering the Defendant’s age, occupation, risk of recidivism, type and motive of the instant crime, process of the instant crime, disclosure order or notification order, the degree and anticipated side effects of the Defendant’s disadvantage, the prevention of the sex offense subject to registration that could be achieved therefrom, and the effect of protecting the victims, etc., the personal information is personal.

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