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(영문) 의정부지방법원 고양지원 2017.03.22 2017고단373
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete 24 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

On July 11, 2014, the Defendant was sentenced to six months of imprisonment with prison labor due to forced indecent act in the Jung-gu District Court Goyang branch, and completed the execution of the sentence in the Jung-gu prison on October 28, 2014. On December 3, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor due to forced indecent act committed by the Suwon branch, and completed the execution of the sentence in the Suwon Detention House on April 11, 2016.

1. On September 19, 2016, the Defendant committed an indecent act on the part of September 19, 2016, around 10:46, on the part of the victim F (e.g., 21 years old, 21 years old, Gabbb) who was sitting on a bus operated from “D hospital stops” in Jung-gu Seoul Metropolitan City to the boundary of the scenic zone, and was sitting on the rear window in the south of the Gangnam-gu Seoul Metropolitan Government, and found the victim F (e.g., , 21 years old, Gab) who was sitting on the lower window, and was sitting on the back of the victim’s hands, etc. for the purpose of committing an indecent act against the victim.

Accordingly, the defendant committed an indecent act on the victim in a bus which is a means of public transportation.

2. On December 19, 2016, the Defendant committed an indecent act on or around December 19, 2016, on or around December 18:03, 2016, on the part of the Defendant: (a) discovered the Victim J (25 years of age, Ga) who was sitting in the front window of the victim while on board the bus located in Seoyang-gu G from “Ht stop site” to the area of the Seoul Station; and (b) moved the victim’s knee in the outer bid of the Defendant to the outer bid, covered the victim’s knee, covered the victim’s kbbbbs, and sneed part of the victim.

Accordingly, the defendant committed an indecent act on the victim in a bus which is a means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against each victim;

1. Each report on investigation;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification during the period of repeated offense) statute;

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 former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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