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(영문) 의정부지방법원 2019.05.16 2018고단5330

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

1. At around 23:50 on October 19, 2018, the Defendant: (a) boarded a seat bus at the Songpa-gu Seoul Metropolitan Government Bus B Bus; (b) seated on the left side of the victim D (the age of 18) and opened on the top of the seat; (c) around 00:20 on the following day, the Defendant got a part of the victim’s sound who was locked on his/her side by hand until he/she drops on his/her right side at the bus bus stop at the Nam-gu Seoul Metropolitan Government Airport at the Nam-gu Seoul Metropolitan

Accordingly, the defendant committed indecent acts against the victim by taking advantage of the victim's non-performance situation.

2. On October 20, 2018, the Defendant, at around 00:20 on October 20, 2018, appeared in the bus as indicated in paragraph (1), and appeared in the passenger stop as follows: (a) the Defendant experienced more than F in the manner of committing an indecent act against the above victim as described in paragraph (1); (b) the Defendant saw the victim as her f or her sat; (c) led the victim to her arms at the bus stop specified in paragraph (1); and (d) the Defendant sat down the bus stop of the bus stop in paragraph (1). The Defendant sat down the victim’s chest with the victim’s clothes, she sats the victim’s finger with the victim’s clothes; and (d) she sat down the body of the victim by inserting him/her with his/her fingers without any yellow dust.

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

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Written statements prepared in D;

1. Application of Acts and subordinate statutes to bus images and photographs;

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act, Articles 299 and 298 of the Criminal Act, and the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes (aggravating concurrent crimes with the punishment prescribed for the crime of grave indecent act by compulsion);

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

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

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order, and the protection of children and juveniles against sexual abuse;