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(영문) 서울중앙지방법원 2017.07.21 2017고단3360
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of three years on October 7, 2016 to one year and six months of imprisonment with prison labor due to obscene crimes in the Sungnam Support of Suwon Friwon, etc., and the said judgment became final and conclusive on October 15, 2016, and is still under the suspended sentence.

[2] On March 31, 2017, from around 08:16 to around 08:35 of the same day, the Defendant approach the victim F while a large number of passengers working at work inside the subway line E station in Sungnam-gu, Sungnam-si, who move from the subway line to the hill station inside the front line, while they are congested inside the front line, she takes the victim's breast, she takes the victim's breast at the Defendant's arm's length, she took the part into the part, she took the part into the part of the victim facing the Defendant, she took the part, she took the part, she took the part of the victim's knife, she took the part of the victim's knife, and she took the part of the victim's knife to the right knife of the victim, and she continued to use the victim's knife with the victim's right knife.

Accordingly, the Defendant committed indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and Selection of Imprisonment with prison labor for the crime;

1. The reason for sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order is that: (a) around January 2016, a fine of three million won has been received for the same type of crime; (b) around October 2016, a crime committed during the period of probation after being sentenced to a probation on the grounds of obscene performance, etc.; and (c) the degree of indecent act is not less severe; (c) the offender is given an agreement with the victim; (d) the confession and depth of the crime; and (e) the Defendant’s age; and

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