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(영문) 수원지방법원 안산지원 2019.05.08 2018고단4364

강제추행등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 6, 2018, the Defendant committed indecent act by indecent act: (a) around 21:00 on August 6, 2018, at the reading room of C3rd floor, the Defendant’s left buckbucks in the Defendant’s side seat; and (b) committed indecent act by force on the part of the victim.

2. On August 6, 2018, the Defendant attempted to commit indecent act by compulsion: (a) moved from the inspection room of Paragraph (1) around 21:40 on August 6, 2018 to the 74 seated above the Defendant and was seated above the Defendant’s seat; (b) ceased to stop on his own with the left hand and did so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of E and D;

1. Application of statutes to the results of a CD (CCTV image) reproduction program;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act, Articles 300 and 298 of the Criminal Act, and the choice of imprisonment with labor;

1. Articles 26 and 55(1)3 of the Criminal Act for the attempted suspension and mitigation [the prosecutor was indicted for attempted failure but according to each of the evidence in the judgment below, the defendant's act constitutes an attempted suspension under Article 26 of the Criminal Act, since the defendant can be found to have committed a crime by deceiving the victim's bucks prior to leaving the victim's place, and the defendant's act constitutes an attempted suspension under Article 26 of the Criminal

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

1. Article 62 (1) 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;

1. The Defendant and the defense counsel asserted that there was no commencement of the commission of the crime described in Article 56(1) main text of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018) and the Defendant and the defense counsel regarding the assertion of the Defendant and the defense counsel.

According to each evidence of the judgment, the defendant sits down on the right side of the victim E and continues to hold the victim's buckbucks, and the defendant's left hand over to the victim's bucks.