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(영문) 의정부지방법원 고양지원 2019.01.31 2018고단2379
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

around 08:49 on July 2, 2018, the Defendant committed an indecent act against the Defendant’s sexual organ in public means of transportation, such as the victim’s her her her her senthm, with being closely adhered to the gap in the ebbbbbrance of the ebrance vehicle operating from the subway 9 located in the subway 130-ro, Dongjak-gu, Seoul, to the high speed terminal station in the subway 130-ro, and with being pushed back to the high speed terminal station due to a large number of people after the victim’s B (a person, her, her, 25 years old).

around 08:39 September 7, 2018, the Defendant committed an indecent act against the Defendant in any means of public transportation, such as that the Defendant’s sexual organ was placed in the victim’s her her her her her her her her her her her her mm, while being pushed back to the high speed terminal station from the subway 9 located in Dongjak-gu Seoul Metropolitan Government, the subway 130 to the high speed terminal station, with a large number of people, and was pushed back after other victims C (a person, her her m, who is 28 years old).

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to B (tentative name) and C (tentative name);

1. Reporting on investigation;

1. Application of the Acts and subordinate statutes to investigation reports (related to collection of evidence for a suspect);

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 relevant criminal facts;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The punishment as ordered shall be determined by comprehensively taking into account the following circumstances in sentencing of the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and all the conditions of sentencing as shown in the course of trial and records, including the age, character and conduct, environment, motive, background, means, result, circumstances after the crime, relationship with the victim, etc.:

The defendant makes a confession and reflects on the crime.

A defendant has no record of punishment for a sexual crime.

The Defendant committed an indecent act twice in a way that the Defendant booms the sexual organ, and caused a great sense of sexual shame to the victims.

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