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(영문) 서울중앙지방법원 2018.11.29 2018고단5092
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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

On July 9, 2018, the Defendant discovered the victim B (age 21) who was seated in the seat and committed an indecent act therein within the subway line that was going to the direction of the Gu going to the station in the direction of the Gu, from the name school station located in the Manan-gu, Sinan-si, Sin-si on the 11:23 on July 9, 2018.

The defendant was seated next to his female, and her body was laid down, and approximately 16 minutes of the body was pushed down by the victim's left buckbucks, which was sealed by the victim's left bucks.

Accordingly, the defendant committed indecent acts against the victim in public means of transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Investigation report (to photograph suspects' behavior and motion pictures) and the application of Acts and subordinate statutes to photographs;

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

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

1. In full view of the following circumstances: (a) Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify the personal information of the accused; (b) Articles 49(1) proviso and 50(1) proviso of the Act on the Protection of Juveniles against Sexual Abuse (the Defendant’s age, family relationship, social ties relationship; (c) criminal record and risk of recidivism; (d) profits and preventive effects expected due to the instant order to disclose or notify the information of this case; and (e) disadvantages and side effects resulting therefrom, there are special circumstances that may not disclose or notify the accused’

[Determination]

1. The reason for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the Defendant, at the Seoul Central District Court on October 31, 2013, was sentenced to a fine of one million won as a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, etc.) and a fine of two million won as an offense of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crow Places) at the Jung District Court on January 13, 2014.

B. On December 23, 2016, the Defendant is at the District Court of the Republic of Korea.

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