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(영문) 서울중앙지방법원 2017.03.24 2017고단1216
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

[criminal history] On March 24, 2016, the Defendant was sentenced to ten months of imprisonment with labor for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crows) at the Seoul Northern District Court (Seoul Northern District Court) and completed the execution of the sentence on December 14, 2016.

[Criminal facts]

1. On February 15, 2017, around 08:27, the Defendant committed an indecent act against the victim in means of public transportation, where the victim’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

2. On February 17, 2017, around 08:28, the Defendant committed an indecent act against the victim in the means of public transportation, since the her meast of the victim G (V, 33 years old) who had been in front of in the same manner as the 1st written in paragraph (1), within the subway 4 line, which is operated in the direction of the East Station Cultural Park Station Station:5-3 square meters from the subway 4 line located in Gangnam-gu Seoul, Gangnam-gu, Seoul, the Defendant committed an indecent act against the victim in the means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Investigation report (related to appending documentary images);

1. Previous convictions: Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a suspect A's previous records and the period of repeated crimes);

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

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. The grounds for sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order 20, which led to the occurrence of a crime under the same law again in subway stations during the period of repeated crime, and the number of times of punishment for the same kind of crime, and the number of times of repeated crimes, which led to the repetition of crimes, the confession of 0 behavior and reflectivity.

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