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(영문) 광주지방법원 순천지원 2019.06.14 2019고단557

강제추행등

Text

A defendant shall be punished by imprisonment for six 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. The Defendant, at around 23:00 on January 17, 2019, committed indecent act by compulsion, the Defendant: (a) reported that the victim D (the victim’s name, leisure, and age 21) is protruding before, and subsequently, committed indecent act by force on the part of the victim by using the victim’s her therb in the following manner.

2. Public performance and obscene;

A. The Defendant viewed the side of the roadway at the time and place specified in paragraph 1, and made a patently obscene act by putting his sexual organ out and shaking it, while many and unspecified persons such as the above D, etc. pass.

B. At around 23:00 on January 30, 2019, the Defendant openly imprisoned his sexual organ and committed an obscene act by means of cutting off his sexual organ, while following trees in a dune near the place described in paragraph (1), including E (Gain, E, and age 20).

C. On February 6, 2019, around 21:50, the Defendant laid down his sexual organ, while many and unspecified persons, such as F (name, f, age 15) were passed, and made a patently obscene act by means of miscellaneous and shaking, at the places described in 2-B(b).

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. Application of the respective Acts and subordinate statutes of E and F;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act selection of punishment, Article 245 of the Criminal Act, and the choice of imprisonment with prison labor;

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. 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 Exempted from an order to disclose or notify, the age, occupation, and risk of recidivism of the accused under the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the type, motive, process, and process of the instant crime;