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A defendant shall be punished by imprisonment for one year.
The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.
Reasons
Punishment of the crime
[2] The Defendant was sentenced to six months of imprisonment for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes at the Seoul Central District Court on October 31, 2012, and was sentenced to six months of imprisonment for the same crime in the same court on October 8, 2013 and was sentenced to nine months of imprisonment for the same crime in the same court on November 14, 2014, and completed the execution of the sentence on April 27, 2015, on April 15, 2016. The Defendant was sentenced to ten months of imprisonment for the same crime at the Seoul Southern District Court on April 15, 2016 and completed the execution of the sentence on August 24, 2016.
[2] On April 10, 2017, the Defendant: (a) around 22:20 on April 10, 2017, the Defendant, within the electric-dong car that was going to run as a scam of the victim C (V 21 years old); and (b) around 22:20, in the subway station of the Dongjak-gu Seoul Metropolitan Government, the Defendant 130 underground, left the scam of the victimized party with his fingers and the scam of the damaged party.
Accordingly, the defendant committed an indecent act against the victim in the former vehicle which is a means of public transportation.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Statement made by the police against C;
1. Previous convictions indicated in judgment: Inquiry about criminal history, reporting of investigation (the confirmation of crimes during the criminal records of the suspect A and the period of repeated crime) and application of Acts and subordinate statutes on the acceptance
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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;
1. The grounds for sentencing under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes, and Articles 49(1) and 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse are as follows: (a) a large number of 0 criminal records of the same type of crime committed during the period of repeated crimes (one set-off, one time of suspended sentence, one time of suspended sentence, four times of suspended sentence); (b) a confession of 0 criminal records of the crime committed during the period of repeated crimes; and (c) a confession of 0 criminal records during the period of repeated crimes; and (d) other conditions for sentencing, such as the Defendant’s age, sex, family relationship, the volume and degree of the criminal conduct