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(영문) 서울북부지방법원 2018.09.20 2017고단4477
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The punishment of the accused shall be set forth in six months.

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

Reasons

Punishment of the crime

[criminal records] On August 25, 2016, the Defendant was sentenced to six months of imprisonment with labor for a special injury by the Seoul Northern District Court, and was released on March 30, 2017 during the execution of the sentence, and the parole period expired on April 22, 2017.

[2] On August 30, 2017, around 18:55, the Defendant: (a) opened a bus operated to C elementary school from D Company E to the next edge of the Victim F (F, 59 years old); (b) opened the victim’s left side of the bus; (c) opened the victim’s body to the victim; and (d) opened the victim’s breast side to the victim’s hand.

Accordingly, the defendant committed an indecent act against the victim in a densely concentrated place.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Each investigation report (a report on the verification of the status of a witness as the other party to a witness / witness G);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, (A), an investigation report (Confirmation of the date of release from a repeated crime and attachment of judgment);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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. In full view of various circumstances, such as the Defendant’s age, occupation, family environment, social ties, risk of repeating a crime, order for disclosure and notice, and benefit and effect expected by such order, and disadvantage and side effects resulting therefrom, there are special circumstances in which the Defendant’s personal information may not be disclosed or notified, or the Defendant may not be restricted from employment, in full view of the following:

I think)

The reason for sentencing is that the victim was frightd by indecent act from the defendant on the bus with the reason of sentencing.

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