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(영문) 서울중앙지방법원 2015.09.04 2015고단4036
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete a sexual assault treatment program for 30 hours.

Reasons

Punishment of the crime

On July 2, 2015, at around 08:40, the Defendant, within the 1st guest car of the 427-dong-Dong-gu, Guro-gu, Seoul, operating the 174 national railroad station at the center of Guro-gu, Guro-gu, Seoul, 174, replaced the Defendant’s sexual organ on the front side of the victim C (the 23-year-old) in front of the right side of the victim’s (the 23-year-old) by using the congested gap, and replaced the Defendant’s sexual organ on the front side of the victim’s right side, without facing the victim’s ambuck, even though the victim had followed her her her her son to the left side.

The actions so detacheded were repeated twice.

The Defendant committed an indecent act against the victim in the electric car, which is a place of public smuggling, from the street station to the time when he arrives in the additional digital group.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of each statute on photographs;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The basic area (six months to two years) of the recommended sentence on the sentencing criteria;

2. Although the Defendant’s decision on the sentence was erroneous, the Defendant was sentenced from around 2009 to around 2013 to 16 years of age, the Defendant was sentenced to a suspended sentence of three years of imprisonment with prison labor for the crime of violating the Act on the Punishment of Sexual Crimes and Protection of Victims (Indecent Act by force in relation to relatives) at the Incheon District Court on October 2, 2013, the Defendant committed the instant crime of committing an indecent act against the victim who is 20 women in the same manner as the previous one during the period of probation and probation, and was sentenced to a fine for the same crime in this case even around 2004. The victim was punished for a severe punishment against the Defendant. On October 2, 2004, the victim was sentenced to a sex offense subject to registration of personal information.

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