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(영문) 서울중앙지방법원 2018.08.16 2018고단3545
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On October 15, 2015, the Defendant was sentenced to imprisonment with labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Advanced Places) at the Seoul High Court (Seoul High Court) and completed the execution of the sentence on January 6, 2016.

1. On May 9, 2018, the Defendant: (a) around 09:05 on May 9, 2018, 2018, the Defendant: (b) laid off, within the subway bus terminal stations located in Seocho-gu Seoul, from the subway line 7 to the downstream station to the lower limit, the Victim B (V 25 years old); (c) laid off the victim’s bucks onto the right side of the victim B (V 25 years old); (d) laid down the victim’s buckbucks; and (e) committed an indecent act by pushing the victim’s body.

2. On May 24, 2018, the Defendant committed the crime on May 24, 2018, around 09:40 on May 24, 2018, the Defendant: (a) was involved in the Defendant’s indecent act by putting his hand over the victim’s right side to knee knee kne kne kne kne kne kne kne kne kne kne kne in the subway station located in Jung-gu Seoul Metropolitan Government. (b) around 09:40 on May 24, 2018.

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

Summary of Evidence

1. Statement by the defendant in court;

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

1. Investigation report (verification of the escape ground recorded in CCTV platforms in the C Station);

1. Previous convictions: Inquiry into criminal history, results of search of prisoners, and application of Acts and subordinate statutes to report criminal investigations (Attachment to concurrent judgments);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes, and the selection of punishment by imprisonment;

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;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes; Article 49(1) and Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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