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(영문) 서울서부지방법원 2019.07.11 2019고합43

준강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

The defendant and the victim B (the age of 23) are the people of "D" in Mapo-gu Seoul Metropolitan Government as customers.

On August 19, 2018, at around 04:50, the Defendant got soup to the victim's side, making soup in a soup room, and knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee on the part of the victim's terminal part of the victim, and then the Defendant dume kne knee knee kne ke ke ke kle s

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's refusal to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Investigation report (Perusal of DNA CCTV video recording data);

1. Application of Acts and subordinate statutes to inquiries into criminal records, etc., reports on criminal investigations (Attachment to judgments, etc.), requests prior investigation, and replys to requests;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

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, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Dec. 11, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3(1) of the Welfare of Disabled Persons

1. Grounds for sentencing under Article 28 (1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders subject to an order to attach electronic tracking devices when suspending the suspension of the sentence of the probation department;

1. The scope of punishment by law;