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(영문) 광주지방법원 2019.06.26 2019고단1178

준강제추행

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

1. On January 1, 2019, the Defendant: (a) around 03:41, at the making soup Supbry Square in Nam-gu, Nam-gu, Gwangju-gu, Gwangju-si; (b) taken out the locked female victim’s side on his/her name in the unclaimed name; and (c) taken out the Defendant’s lush hand into the foundation of the victim’s head.

2. On January 1, 2019, around 03:52 on the same day and around the same place on the same day, the Defendant’s hand was stored adjacent to the victim D (the name, summer, 38 years old) and became the head of the victim’s head by continuously inserting the Defendant’s hand into the center of the victim’s head.

3. On January 1, 2019 on the same day, around 04:02 on the same place on the same day, a potential victim E (one’s name, two-seven years of age) takes the Defendant’s left hand back, put the Defendant’s left hand under the head of the victim’s head into the bottom of the victim’s head, and kid the victim’s head head toward the Defendant’s body.

Accordingly, the defendant committed an indecent act against the victims by taking advantage of their state of impossibility to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Application of the Act and subordinate statutes to investigation report (Crup CCTV image analysis);

1. Relevant Articles 299 and 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment;

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. Article 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 56(1) main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); the reason for sentencing in the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities - Reasons for favorable circumstances: The defendant's mistake is recognized; the degree of indecent act is not relatively heavy; the defendant did not agree with the victims; the defendant has a record of being punished for a fine for the same crime even in 2014; and the defendant has a record of registering and submitting personal information.