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(영문) 인천지방법원 2014.04.30 2014고단2093
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On April 19, 2012, the Defendant, at the Incheon District Court, sentenced 2 years of imprisonment and fine of 2 million won to a crime, such as violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. (Indecent Acts at Public Space), and completed the execution of the said sentence in the Ansan Prison on December 8, 2013.

1. On March 12, 2014, at around 08:25, the Defendant committed an indecent act against the victim on the electric car, which is a means of public transportation, such as: (a) the victim C (the age 22) was able to sit in the seat of the Defendant’s side seat; and (b) the victim C (the age 22) was able to sit in the Defendant’s side seat; (c) the Defendant saw another person’s starting line on the Defendant’s side; and (d) the left hand on the part of the victim’s buckbucks.

2. On March 12, 2014, at around 08:30, the Defendant committed an indecent act against C as described in paragraph (1) in the previous car of operating the Incheon subway Station and the section of the area of the international business area, and committed an indecent act against the victim on the electric car, which is a means of public transportation, such as: (a) the Defendant committed an indecent act against C on the part of the victim, in which the victim was able to take a seat at the seat of the seat; (b) the victim was able to take a seat at the seat of the seat of the Defendant; (c) the victim was able to take a seat at the seat of the victim; and (d) the victim was able to take a seat at the seat of the seat of the victim; and (d) the victim was able to take a seat on

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. The scene photograph submitted by the victim;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as a report on the result of confirmation (Attachment to a written judgment) before disposition and an investigation report (the date of release, etc.);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Punishment, etc. thereof;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The defendants with reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order are identical to several times.

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