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(영문) 서울중앙지방법원 2017.07.13 2017고단3328
공연음란
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

On June 21, 2016, the Defendant was sentenced by the Seoul Central District Court to imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Advanced Places) and completed the execution of the sentence on December 18, 2016 at the Seoul Detention Center.

1. On April 27, 2017, the Defendant: (a) around 17:55, around the subway station located in the subway station, the Defendant: (b) around the subway station located in the subway station located in the subway station, with a light 3-line subway trains; (c) the nameless women, who are seated in the seat of the old and the old, have a light string the string; (d) laid down the stringer in front of the female; and (e) shaking the sexual flag into the panty; and (e) shade the sexual flag several times by hand.

Accordingly, the Defendant used a large number of people to publicly engage in obscene acts in subway stations.

2. On May 11, 2017, the Defendant: (a) around the subway 14:25, around the subway 2017, in the front line of subway 3 lines, where the Defendant was under way from the air basin of the subway gate, and around the subway 14:25, the Defendant: (b) had a string of the string to the nameless women who are seated in the seat of the elderly and the elderly; (c) carried the string to the pande of the panty; and (d) carried the string out of the panty.

As a result, the Defendant used a large number of people to publicly engage in obscene acts in subway stations.

1. Statement by the defendant in court;

1. Investigation report (to hear statements in Seoul metro C);

1. Investigation report (as to the background of arrest of the suspect and the securing of the victim's statements);

1. Investigative reports (to hear statements from victims);

1. Previous convictions: Inquiry about criminal history, investigation reports (verification of the date of release from the military court), personal confinement status, application of the text of the judgment;

1. Article 245 of the Criminal Act and the choice of punishment 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. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, even though the defendant had been punished several times due to sexual assault in a densely concentrated place, this case is again committed during the period of repeated crime.

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