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A defendant shall be punished by imprisonment for not less than one year and six months.
The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.
Reasons
Punishment of the crime
On August 17, 2018, around 09:06, the Defendant laid the seat in the front line of the subway station located in Songpa-gu Seoul, Songpa-gu, Seoul, on the side of the victim D (V, 25 years old) who was seated and was divingd, leading up to the Defendant’s left knife, the Defendant knifed the Defendant’s chest.
Accordingly, the defendant committed an indecent act against the victim by using the victim's resistanceable condition.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement made by the police against D;
1. A report on damage;
1. Application of each police investigation reporting statute;
1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;
1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. When a conviction on a sex crime subject to the registration and submission of personal information under Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, becomes final and conclusive, the defendant becomes a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obliged to submit personal information to a related agency pursuant to Article 43 of the same Act.
On May 14, 2014, the Defendant had been sentenced to imprisonment for 8 months due to a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Seoul Central District Court on the Punishment, etc. of Sexual Crimes, and committed the instant crime under similar veterinary law even though there have been several times of punishment for the same crime, and committed the instant crime again. The Defendant’s crime appears to have not committed any mental harm such as sexual humiliation, destruction, etc. caused by the Defendant’s crime, and the Defendant’s act against his own mistake is favorable.