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(영문) 서울남부지방법원 2020.10.08 2020고합255

강제추행등

Text

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

The defendant is a guest who has been on the O convenience store in Guro-gu Seoul Metropolitan Government, the victim C (a person, a woman, 46 years of age) is an employee of the above convenience store, and the victim D (a person, a woman, 50 years of age) is a customer who has been on the above convenience store.

On March 16, 2020, the Defendant, at around 18:30, 18:30 on March 16, 2020, entered the direction of the victim C into the calculation unit, and, even though the Defendant, by hand, escaped from the hands of the victim C, he did not come to the wind to avoid the body while the victim C gets back, and the victim D, which was adjacent thereto, did not go to the wind of the victim C, was "h. I will not do so. I will not do so."

As a result, the defendant tried to force the victim C to commit an indecent act, but did not bring about such intent, and committed an indecent act by force against the victim D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Each police statement made to C (tentative name) and D (tentative name);

1. A written statement of D;

1. Investigation report (to secure and analyze CCTV screen images inside convenience points), analysis photographs of CCTV screen images attached thereto, CDs for duplication of CCTV screen images, and telephone calls for victims;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 300, 298, and 298 of the Criminal Act concerning the choice of punishment, and Article 298 of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (the aggravation of concurrent crimes resulting from the crimes of indecent act by compulsion with severe punishment and nature of the crime)

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17338, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020).