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(영문) 서울서부지방법원 2017.06.14 2016고단4055
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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A defendant shall be punished by imprisonment for not more than ten months.

The defendant shall be ordered to complete a sexual assault treatment program for 120 hours.

Reasons

Punishment of the crime

【The Defendant was sentenced to eight months of imprisonment for a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crow Places) at the Seoul Central District Court on March 13, 2015, and the execution of the sentence was terminated at Anyang Prison on July 11, 2015. On March 10, 2016, the Defendant was sentenced to ten months of imprisonment with prison labor at the Seoul Northern District Court for the same crime and completed the execution of the sentence in the said prison on August 14, 2016.

【Aggravated November 6, 2016, the Defendant committed an indecent act by inserting the right bridge of the victim E (V, 47 years old), who was fright side floor of the sperm in Seongbuk-gu Seoul, on the side of the victim E (V, the victim is 5 years old) at the end of the 3rd floor, and raising the victim’s right bridge into the double bridge, rain, etc. on the same day on the top of the sperm at the same place at around 01:48 on the same day, and commits an indecent act, such as going outside the top of the victim F (W, 63 years old), who was locked on the top of the said sperm at around 01:50 on the same day, and commits an indecent act against the victim’s right side by taking the fright side surface of the said sperm at around 01:50 on the same day, and then taking the 7th anniversary of the victim’s bridge at the right side of the victim’s own bridge (the victim’s fright, etc.).

Accordingly, the defendant committed each indecent act against the victims in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Each statement of E, I, F, and H;

1. Investigation report (related to the statement of the victim E), investigation report (related to the statement of the victim F), investigation report (related to the statement of the victim H);

1. A criminal investigation report (Analysis of the scene ofCCTV crimes);

1. CCTV recording CDs;

1. Previous convictions: Application of Acts and subordinate statutes to inquire about criminal history and report criminal investigations (period of repeated crime);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant provisions concerning criminal facts;

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes.

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