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(영문) 수원지방법원 2018.07.12 2017고단7883

준강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, on August 5, 2017, 2017, 23:3:30 on August 5, 2017, 2017, the victim G seated in the next seat was covered by the Defendant’s string and the Defendant and the injured party, and the Defendant met the victim’s left side bucks.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of mental and physical loss or the state of impossibility of resistance.

around 00:15 on August 15, 2017, the Defendant: (a) around H-area bus operated from the forest basin of the two citizens in Seocho-gu Seoul Metropolitan Government to the bank room in the Nam-gu Incheon Metropolitan City; (b) made use of the gap in the victim I (n, 27 years of age) seated by the Defendant, seated by the Defendant, and was seated by the Defendant, thereby covering the Defendant’s side between the Defendant and the victim; (c) putting the Defendant’s hand over by the victim’s neck; and (d) putting the hand into the part of the victim’s bucks and buck up with approximately 10 minutes from the bucks of the victim’s buck to the bucks.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

"2017 Highest 7883"

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Requests for cooperation in investigation ( CCTV data inside buses) 2018 high group 3084;

1. Statement by the defendant in court;

1. Statement made to I by the police;

1. Application of Acts and subordinate statutes to a report on investigation (the analysis of CCTV inside buses, etc.);

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes and the conviction of the accused against the obligation to submit such information becomes final and conclusive, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is a competent agency in accordance with Article