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(영문) 인천지방법원 2015.11.18 2015고단5503

강제추행

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 August 4, 2014, at around 19:33, the Defendant discovered that the victim G (here, 26 years of age) was seated and was divingd, and was seated next to the victim when he/she got on the bus (F) at the D bus stops located in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon. On the other hand, the Defendant committed an indecent act by force against the victim by deceiving the victim’s left side knebbbbbbs.

2. On July 30, 2015, at around 17:30, the Defendant: (a) discovered that the Victim N (N, 22 years of age) was aboard L buses (M) at the bus stops located in the Nam-gu Incheon Metropolitan CityJ; (b) was seated immediately next to the back of the back; (c) was seated in the victim’s seat; (d) was kneed on the back of the documents that the bus left on his kne around the south-gu Incheon Nam-gu P around the passage of the P; and (b) was able to put down the left hand on the hand by using the handphone, and committed an indecent act by force against the victim’s left hand.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to G and N

1. Article 298 of the Criminal Act and the choice of punishment for the crime, Article 298 of the Criminal Act 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. Probation and community service order under Article 62-2 of the Criminal Act;

1. Where a conviction of a defendant against a sex offense subject to registration becomes final and conclusive on the judgment that constitutes a sex offense subject to registration under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the defendant 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 is obligated

The defendant's age, occupation, risk of recidivism, type of crime, motive, process of crime, result and seriousness of crime is exempted from the order of disclosure of personal information.