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Reasons
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(영문) 서울중앙지방법원 2014.01.17 2013고단6707
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
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A defendant shall be punished by imprisonment 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

1. On May 14, 201, the Defendant was sentenced to a suspended sentence of eight months in Seoul Central District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Open Place). On July 15, 2011, the said court was sentenced to imprisonment with prison labor for the same crime and the said judgment became final and conclusive on July 18, 201, and the said suspended sentence was terminated on October 13, 2012.

2. On August 21, 2013, around 07:39, the Defendant committed an indecent act against the victims in the electric car, which is a means of public transportation, by breaking the Defendant’s sexual organ to the Defendant’s macker, knife the Defendant’s sexual organ to the Defendant’s macker, and knife the victim’s macker’s knife to the Defendant’s knife in the front line of the subway No. 2, which is located in Dobong-gu, Seoul Special Metropolitan City, in the Seoul metropolitan area.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. An investigation report (not attaching a statement of a victim);

1. Previous convictions: References to criminal records and investigation reports (Attachment to judgments of the same kind of crime, etc. of a suspect, and confirmation of completion date of punishment of a suspect);

1. Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the relevant Act on Criminal Crimes;

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

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

1. Where the conviction of a defendant against a sex offense subject to registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is finalized, the defendant 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 a related agency

disclosure order; or

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