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(영문) 서울남부지방법원 2019.05.10 2018고단4549
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On January 19, 2018, the Defendant sentenced ten months to imprisonment with prison labor at the Seoul Central District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and completed the execution of the sentence on July 23, 2018.

1. 2018. 8. 28.자 범행(2018고단4549) 피고인은 2018. 8. 28. 20:40경 서울 영등포구 여의나루로 40에 있는 지하철 9호선 여의도역에서 김포공항 방향으로 진행하는 급행전동차에서 피해자 B(여, 28세, 가명)의 뒤에 서서 피고인의 성기를 피해자의 엉덩이에 밀착시킨 채 약 1분 동안 비볐다.

Accordingly, the defendant committed an indecent act against the victim in the former vehicle which is a means of public transportation.

2. On August 7, 2018, the Defendant boarded a train of 9 lines from the 19:10 on August 7, 2018, 2018, the Defendant 2018 (2018 high group 6013). On August 7, 2018, the Defendant: (a) pushed down the train after the victim C (V, 26 years of age) until the said train arrives in active duty service; and (b) was pushed down after the victim C (V, 26 years of age); and (c) her her her her senth in his her her her her bane.

While repeating the sexual organ repeatedly, the victim committed an indecent act against the victim's sexual organ in a way that booms the victim's sexual organ.

Accordingly, the defendant committed an indecent act against the victim in the former vehicle which is a means of public transportation.

Summary of Evidence

[2018 Highest 4549]

1. A statement of a witness B recorded in the recording file of a court-recording system among the second trial records;

1. Details D, photograph of the suspect (2018 high group 6013);

1. C’s legal statement;

1. Each report on internal investigation:

1. After cutting a text message (pre-round on a board);

1. Each statement of criminal history records, preliminary records, results of confirmation of dispositions, and each individual confinement status [the defendant and his defense counsel did not have committed each of the crimes in this case, or there was no intention to commit an indecent act against the defendant. However, according to each of the above evidences, the defendant and his defense counsel can be sufficiently convicted of each of the facts in the judgment. The above assertion by the defendant and his defense counsel shall not be accepted] shall be applied to the law.

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