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(영문) 서울중앙지방법원 2014.04.11 2013고단7022
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete 40 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

The Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court on January 28, 2010, and was released on October 28, 2010 and passed on December 13, 2010.

On October 29, 2013, the Defendant: (a) around 08:45, when the Defendant was passing along the subway 2-line trains in the subway station near the lock station, she placed her hand in the train to the bucks inside the train of the victim C (n, 25 years of age) and her hand in about two minutes; (b) re-explosived the victim with the location of the victim; and (c) committed an indecent act against the victim at a public densely-populated place, such as putting his hand under the center of the victim at the back of the railroad station at the time when the said train passed.

Summary of Evidence

1. C’s legal statement;

1. Records before and after judgment: The current status of personal identification and confinement, criminal history records, and the application of Acts and subordinate statutes to printed out of judgment (Seoul Central District Court 2009Kadan6028);

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

1. Article 35 of the Criminal Act among repeated crimes;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to Order, even before the instant case, even though the Defendant had served to be punished by a fine for committing a sex crime during the period of repeated crime, the Defendant again committed the instant crime, taking into comprehensive account the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the commission of the crime, etc.

When a conviction on a crime subject to registration becomes final and conclusive on the judgment that a sex crime subject to registration becomes final and conclusive, the accused is 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 obligated to submit personal information to relevant agencies

The defendant's age, occupation, risk of recidivism, motive, method and seriousness of the crime in this case, order of disclosure or disclosure of personal information.

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