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(영문) 서울중앙지방법원 2015.05.15 2015고단1957
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 80 hours.

Reasons

Punishment of the crime

1. On March 5, 2015, at around 08:30, the Defendant committed an indecent act against the victim by means of unhulling the part of the victim’s mared during approximately 2 minutes of her mare, after pushing together the victim C, etc. at a dong-dong, Jung-gu, Seoul, with the subway No. 4, in which 194 was operating the said subway No. 1, and the said subway No. 4, and cultural park located in the said subway No. 194.

2. On March 30, 2015, around 08:40, the Defendant committed an indecent act against the said victim in a non-fluent manner in the part of the victim’s her mack, who was placed in the subway No. 4 line operating subway No. 1 in Jongno-gu Seoul Jongno-gu, with the victim, etc. described in paragraph (1) at the electric train operating the subway No. 4 line 1 and was pushed back after the victim, etc. described in paragraph (1).

3. On April 2, 2015, at around 08:30, the Defendant committed an indecent act against the victim for about four minutes in the East capital, cultural park, including: (a) line attached to the passenger 4 lines, such as the victim D, 50 years old; and (b) rhing the victim’s her her her her her her her her her her her her her her her her her her her her her her her her

Accordingly, the defendant committed indecent acts against the victim in public transportation over three times.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecution examination protocol of the accused;

1. Statement to C by the police;

1. Written statements of D;

1. Evidentiary photographs;

1. 112 Reporting case management table;

1. Application of the Acts and subordinate statutes to photographs following a CCTV closure;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the Selection of Imprisonment with prison labor, in relation to the relevant criminal facts;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (hereinafter “Special Cases Concerning the Punishment, etc.”) asserts that the Defendant was unable to discern things or lacks the ability to make decisions due to the mental delay, etc. at the time of each crime. According to the evidence of the judgment, the Defendant did not have received a disability grade judgment even though he/she has a

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