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(영문) 서울동부지방법원 2012.11.01 2012고단804
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

The Defendant was sentenced to five years of imprisonment for robbery at the Seoul Central District Court on July 21, 2004, and was released on December 24, 2008 and passed on March 9, 2009.

Since the Defendant’s criminal records, which are the grounds for aggravation of repeated crimes, are not criminal facts but merely the grounds for sentencing, even if they are not stated in the indictment, they may be tried and judged (see Supreme Court Decision 71Do2004, Dec. 21, 1971). In addition, while the prosecutor prosecuted the Defendant, he/she omitted the applicable provisions for aggravation of repeated crimes in the indictment.

Even if the court applies this ex officio, the defendant can be punished as a repeated crime.

"2012 Highest 804" Defendant,

A. On October 10, 201, around 19:20, the victim C (n. 25 years old) committed an indecent act against the victim by reporting that the victim C (n. 25 years old) gets aboard the subway in the electric train of the subway 7 lines running toward the dry station in the Cheonggugu Seoul Cheongdamdong 75-1, Gangnam-gu, Seoul, while making use of a large number of passengers during the retirement hours to narrow the victim’s body, and making the victim’s her her her her her her her her her her her m

B. On December 6, 201, around 19:20, the victim committed an indecent act on the right side of the victim by reporting that the victim D (the age of 26) gets off the subway in the subway 7-dong-dong, Gangnam-gu, Seoul, a Cheongdam-dong, the Cheongdam-dong, the Cheongdam-dong, the 75-1 of the Gangnam-gu, the Cheongdam-dong, the Cheongdo-dong, the Cheongdo-dong, the Do-dong, the direction of the Do-dong-dong,

"2012 Highest 1880"

1. In Gangnam-gu Seoul, around June 2010, the Defendant received money from the victim F, who is a shipbuilding son, but the Defendant did not have the intent or ability to acquire the nationality, and even if he did not have the intention or ability to obtain the nationality, there is a fact that he had the victim acquired the nationality of another person even before he was located at the Immigration Office of the Republic of Korea. First of all, the Defendant acquired the nationality of the Republic of Korea on the face of 2 million won, and 3.5 million won on the face of her speech of the party, and the amount to be borne by the victim on June 2010.

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