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(영문) 수원지방법원 안양지원 2015.04.15 2015고단168
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

【Criminal Power】 On November 12, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor at the Seoul Northern District Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Space), and the judgment became final and conclusive on the 20th of the same month.

【Criminal Facts】

1. On July 25, 2014, around 22:50, the Defendant committed an indecent act against the victim, on the following hand, such as: (a) the victim’s bucks and bucks in front of the front train No. 733 of the subway No. 73 of the front train of the Defendant, which operated the Osan Station section in the Geum Station, were seated on the front side of the Defendant’s left part; (b) the female victim was seated and locked on the front side of the Defendant, thereby making the victim’s right-hand bucks and bucks, as soon as the victim’s bucks and embucks do so.

2. As a result of the crime of paragraph (1), the Defendant committed an indecent act against the victim on the part of the Defendant, by avoiding the above female under the name of the Defendant, leaving the place, and by continuing to be seated by another female victim on the left side of the Defendant, with the Defendant’s left hand hand, etc. on the right side of the victim’s right-hand hand.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement prepared in C;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (the confirmation of the final date of judgment);

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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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

1. Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49(1)2 of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Article 50(1)2 of the Act on the Protection of Juveniles against Sexual Abuse shall be sentenced to suspended sentence for sex crimes with the reason of sentencing.

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