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(영문) 서울중앙지방법원 2017.10.18 2017고단6258
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On October 16, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crow Places) at the Incheon District Court on April 16, 2016, and completed the execution of the sentence in Seoul Southern Prison on April 16, 2016. On November 16, 2016, the Defendant was sentenced to eight months of imprisonment with prison labor at the Seoul Southern District Court for the same crime, and completed the execution of the sentence in Ansan Prison on May 28, 2017.

Criminal facts

1. The Defendant committed the crime against the victim C, around September 1, 2017, committed an indecent act by opening lines of subway No. 1, the subway No. 47-gil-ro, Guro-gu, Seoul, about 40-gil-ro, with a large number of people in the sudden erode train, and by using the same gap in which passengers are congested, the Defendant committed the assault of the victim C (the son, the 36-year old) and the parts of the lower parts of the knife with the left hand.

Accordingly, the defendant committed an indecent act against the victim C in a concentrated place with the public.

2. On September 1, 2017, the Defendant committed the commission of the crime against the victim D, committed an indecent act with the victim D (the age of 31), using the gap in the sudden rolling stock of the victim D (the age of 31), which had been operated from the offline of subway No. 1, Seocheon-ro 1, Seocheon-ro, Seocheon-ro, Seocheon-ro, Seocheon-si, with a large number of people in the sudden string train, committed an indecent act with the victim’s body attached above the part, and the victim’s right-hand knife with the victim’s knife with the left hand, etc., more than three to four times.

Accordingly, the defendant committed an indecent act against the victim D in a concentrated place with the public.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C or D;

1. A criminal investigation report (Attachment of a photographic image on the face of a suspect's crime) - Six copies of a photograph by capturing a video;

1. Previous convictions: Inquiry about criminal history, attachment of the same kind of court rulings and the current status of personal confinement, five copies of court rulings and one copy of the current status of personal confinement;

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 crime;

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

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