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(영문) 수원지방법원 안산지원 2016.10.19 2016고단3544
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

피고인은 2016. 7. 21. 09:02경 서울 서초구 C에 있는 지하철 2호선 D역을 운행하는 지하철 객실 안에서 밀집한 승객들 틈에 서 있던 성명불상의 여성 피해자의 오른쪽으로 다가가 자신의 발기된 성기를 피해자의 오른쪽 허벅지 부위에 비볐다.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Defendant's legal statement;

1. Circumstances leading to the investigation report;

1. Application of Acts and subordinate statutes concerning documentary evidence;

1. In light of the relevant legal provisions on criminal facts, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes for the Selection of Sexual Crimes, the decision to punish the defendant (the defendant shall be sentenced to imprisonment as ordered in consideration of the fact that the defendant has the capacity to punish the defendant twice a fine due to the same criminal act, once a suspended sentence, five times a prison term, and no recovery from damage has yet to be made yet, etc.): Provided, That the defendant shall be sentenced to imprisonment as ordered in consideration of all the sentencing conditions shown in the public trial of this case, including

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Where a conviction becomes final and conclusive on the facts constituting a crime in which a public disclosure order or notice order is issued in accordance with Article 47(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, Article 49 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 of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc.

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