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A defendant shall be punished by imprisonment for not more than ten months.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
On April 17, 2015, the Defendant was sentenced to two years of imprisonment for a violation of the Act on the Protection of Juveniles from Sexual Abuse by the Seoul High Court on April 17, 2015, and completed the execution of the sentence on August 1, 2016.
피고인은 2017. 9. 29. 18:35 경 서울 강남구 C에 있는 지하철 2호 선 D 역에서 사당 역 방면으로 진행하는 지하철 전동차 안에서, 피해자 E( 여, 30세) 의 뒤로 다가가 손으로 피해자의 엉덩이, 허벅지 안쪽 부위 및 음부를 만지고, 허리 부분이 고무줄로 된 운동복 밖으로 발기된 성기를 꺼낸 다음 피해자의 엉덩이 부위에 비벼댔다.
Accordingly, the defendant committed an indecent act against the victim in public means of transportation and other densely-populated places.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Photographss, etc. of the skin raised;
1. Previous convictions: Application of a reply to inquiry, investigation report (the date of confirmation of the release and attachment of the judgment of the same kind of case);
1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Criminal Crimes;
1. Article 35 of the Criminal Act for aggravated repeated crimes;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. The grounds for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant was sentenced to a fine of KRW 500,000 as an indecent act committed by force at the Seoul Central District Court on September 13, 2004, KRW 5 million as an obscene act committed by force on January 14, 201, KRW 5 million as an obscene act committed by force on January 14, 201, and KRW 3 million as an obscene act committed by the Seoul Central District Court on October 16, 2013, and KRW 3 million as an offense of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Seoul Central District Court on December 6, 2013.