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(영문) 대구지방법원서부지원 2020.11.12 2020고합188

강제추행

Text

A defendant shall be punished by imprisonment for one year.

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 June 1, 2020, around 22:40 on June 1, 2020, the Defendant asked the victim C (here, 28 years of age) who was waiting for a bus at the bus stops in front of the Daegu-gu Seoul-gu bus stops to "where the D Union is required," and asked the path. The Defendant accessed the location of D Association to the right side of the victim who was searching for the location of D Association due to mobile phones, thereby bringing about the Defendant's sexual flag part on the back of the victim's right side bucks and brought about three to four times.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. At around 12:40 on July 8, 2020, the Defendant asked G (G, temporary names, leisure, 53 years old) of the passenger waiting for subways at the F Station Underground platforms located in Daegu-gu E, Daegu-gu, to view the path. On the back of the victim where the Defendant had found a destination, the subway route established at the upper end of the platform was also set up, and the Defendant divided the Defendant’s sexual donation level into the part of the victim’s her her her her her her her her her her her her her her her her her her her her herst herst herst herst herst her part. The Defendant

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and G;

1. Application of CCTV photographs, suspect's uniforms and shot photographs, and other closures to photograph Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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 with the punishment determined in the crime of indecent act by force against the victim G with heavy circumstances);

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. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order;