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(영문) 서울서부지방법원 2020.02.12 2019고단3765

강제추행

Text

A defendant shall be punished by imprisonment for four 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

On September 29, 2019, at around 03:25, the Defendant: (a) made soup a soup to “C” located in Seongdong-gu Seoul, Seongdong-gu, Seoul; (b) made soup to the victim D (the 21-year age), who was taking possession of hand to the victim’s bucks, thereby making soup by inserting the hand to the victim’s bucks inside the buckbuck.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Police statements prepared in E;

1. The video CD in which the commission of the crime was stored (the defendant sbucks that sbucks of the victim met only the fact or exposed part, and that sbucks of the victim do not put the victim's hand into the counter-buck, and sbucks. However, the victim clearly states that the investigation agency made it clear that the defendant caused sbucks by inserting his hand into the victim's counter-influor, and caused sbucks to the victim. In light of the CCTV video recorded on the face of the crime, it is deemed that the defendant's actions to put his hand into the victim's counter-influor, and the victim's hand was taken by sbucking the victim's hand against the victim, so credibility in the victim's above statement is sufficient. The defendant's argument is rejected.) is not applicable to the law.

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

(b) The basic field of the crime of indecent act by compulsion (the person under 13 years of age or older) [the first type] general indecent act by compulsion [the scope of the recommended field and the recommended range], and six to two years of imprisonment;

3. The fact that the method of making an indecent act on the sentence is interview and that the part of the indecent act is sensitive to sexually.