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(영문) 서울남부지방법원 2019.02.15 2017고단5813
강제추행등
Text

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

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

Reasons

Punishment of the crime

I. At around 00:25 on July 7, 2017, the Defendant committed an indecent act against the victims of rice in the same manner as the arms of the victims C (Gain, Hain, 25 years old) who were seated in the new wood station in Yangcheon-gu Seoul Metropolitan Government on July 7, 2017, in the front line of the subway 9 lines leading to the salt hold station in Gangseo-gu Seoul Metropolitan Government, with his seated, after cutting off the sexual flag from the Daro to the 25 years old. The Defendant committed an indecent act against the victims of rice in the same manner as the arms of the victims C (Gain, Gain, and 25 years old) who were sittingd in the seat.

Ⅱ Around 23:30-23:40 on August 24, 2018, the Defendant committed an indecent act on the victim E (V, 25 years old, and household name) on the part of the victim E (V, 25 years old, and household name) who was seated out of the ground in the direction of active service in the transition station located in Mapo-gu Seoul.

Summary of Evidence

1. The defendant's partial statement (the defendant's defense counsel submitted a document to the effect that he/she confessions after the closing of the argument in this case) or his/her legal statement (the defendant's defense counsel submitted a document to the effect that he/she confessions after the closing of the argument in

1. Each legal statement of witness B and C;

1. Application of Acts and subordinate statutes concerning police statements to E;

1. Relevant Article 298 of the Criminal Act, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with labor for the crime;

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. The sentencing of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse against Sexual Abuse shall be taken into account: (a) the method, details, and frequency of each of the crimes in this case; and (b) the period of the crime (in the case of a bus indecent act, the crime committed continuously during the trial); and (c) the defendant’s criminal record relation, age, character and conduct, environment, family relationship, circumstances after the crime, etc. shall be considered.

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