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(영문) 인천지방법원 2019.05.23 2019고단1075

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 22, 2018, the Defendant committed indecent act by compulsion on or around October 13:13, 2018, at around October 22, 2018, the Defendant reported the victim D (one, two-one years old) coming from the front side to the opposite direction from the south-gu Incheon Metropolitan City bus stops, and committed an indecent act on the part of the victim by forcing the victim to commit an indecent act on the victim’s right chest with his own left hand. The Defendant, following the victim’s seat seated on the play floor, caused the victim’s knife to a knife a knife with a knife with a knife with a knife with a knife with a knife with a knife of the victim, and committed an indecent act on the part of the victim by force.

2. 2018. 10. 22. 13:15경 강제추행 피고인은 위 1항 기재와 같은 날 13:15경 인천 남동구 E에 있는 F역 4번 출구 앞길에서, 전방에서 반대방향으로 걸어오는 피해자 G(가명, 여, 19세)을 추행할 마음을 먹고, 피해자의 앞으로 달려가 갑자기 양손으로 피해자의 가슴을 움켜쥔 다음 수회 주무르고, 이에 피해자가 저항하다가 바닥에 넘어지게 되자 피해자의 배 위로 올라탄 다음 양손으로 가슴을 수회 주물러 만져 피해자를 강제로 추행하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of each police statement concerning D and G;

1. Application of the respective Acts and subordinate statutes of H and I

1. Article 298 of the Criminal Act applicable to the crime, 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. Where a judgment of conviction against a defendant who is obligated to register and submit personal information under Article 62(1) of the Criminal Act becomes final and conclusive, the defendant is a person subject to registration of personal information in accordance with Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is obligated to submit personal information to a competent agency

In light of the fact that the Defendant would be difficult to understand the meaning of the taking of sexual assault therapy due to the on-site illness, the Defendant is punished for sexual assault crimes.