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(영문) 수원지방법원 안양지원 2017.06.16 2016고단2041
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

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

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

Reasons

Punishment of the crime

[criminal history] On February 15, 2016, the Defendant was sentenced to four months of imprisonment with labor for a crime of violating the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts in Public Crow Places) at the Suwon Fixture Institute, and released as a ruling to revoke detention on March 25, 2016, and completed the execution of the sentence on October 31, 2016, which became final and conclusive on the same day.

[2] On November 3, 2016, the Defendant committed an indecent act against the victim in any means of public transportation, such as: (a) around the passage of the national highway No. 1 in front of the G gas station located in F at the time of the bus’s king, around November 3, 2016 at the bus stops located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, and (b) around the passage of the national highway No. 1 in front of the G gas station located in F at the time of the said bus; and (c) around the next 20 years of age, the part of the victim H (WW, 20,

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made to the police with H;

1. A report on investigation (a statement of a victim);

1. CCTV video CDs;

1. Video materials and photographs of urban buses;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (prior convictions in the same case and confirmation), and application of Acts and subordinate statutes on personal confinement;

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

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 Defendant and the defense counsel at the time of committing the instant crime in a physical and mental state due to the arrival certificate, etc.

The argument is asserted.

According to the evidence duly examined by the court, the fact that the defendant was receiving medical treatment after being diagnosed, such as the certificate of arrival, can be acknowledged. However, the records revealed the background of the crime of this case, the contents and form of the crime, and before and after the crime.

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