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(영문) 서울남부지방법원 2019.02.13 2018고단5576
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Justice] On March 29, 2018, the Defendant was sentenced to five months of imprisonment with prison labor for property damage at the Seoul Central District Court on June 7, 2018 and completed the execution of the sentence at the Seoul Southern District Court on June 7, 2018. On October 17, 2018, the Seoul Southern District Court sentenced one year of imprisonment with prison labor for larceny, etc. and became final and conclusive on October 25, 2018.

【Criminal Facts】

1. 성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행) 피고인은 2018. 7. 21. 23:20경 서울 용산구 용산역에서 서울 마포구 가좌역까지 운행하는 경의중앙선(문산역 방향) 전동차에서, 성명을 알 수 없는 외국인 여성 피해자의 등 뒤에 밀착하여 성기 부분을 피해자의 엉덩이 부위에 비볐다.

The Defendant committed an indecent act against the victim on the electric car, which is a means of public transportation.

2. On July 21, 2018, at around 08:40 to 10:40, the Defendant stolen a mobile phone (gallon S6) with which the market price on the front seat line cannot be known, using the gaps in the victim B, which is the victim’s own.

Summary of Evidence

1. Defendant's legal statement;

1. The police seizure record and the list of seizure;

1. Written statements in C and D;

1. Each investigation report (No. 9, 10 of the evidence list);

1. Previous records: Criminal records, a copy of each written judgment, the current status of personal confinement, and the results of confirmation of previous records due to dispositions, and the application of Acts and subordinate statutes in five copies;

1. Relevant legal provisions concerning facts constituting an offense, and Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Selection (Indecent Acts in Place of Public Smuggling and Selection of Imprisonment) and Article 329 of the Criminal Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. The latter part of Article 37 of the Criminal Act and Article 39 (1) of the same Act for concurrent crimes;

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. Article 56 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

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