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(영문) 수원지방법원 2020.05.14 2019고단8213

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 of the final judgment.

Reasons

Punishment of the crime

The Defendant is entirely aware of the victims of the instant case.

1. On August 29, 2019, at around 00:40, the Defendant: (a) discovered the victim D (at the age of 18) who used the phone in front of the B apartment C Dong-dong, and (b) found the victim D (at the age of 18) who used it on a full scale; (c) continued to talk the part of the victim’s her port hand once with the victim’s her own hand, and (d) committed an indecent act by coercioning the victim’s her own hand on the front side of the said apartment E-dong, leaving the victim’s her her part back to the lower part.

2. On August 29, 2019, the Defendant: (a) around 01:00 on August 29, 2019, the victim G (the 20-year-old-old-old-year-old-year-old-year-year-old-year-old-year-old-year-old-old-out-out-out-out-out (the 20-year-year-old-year-old-year-old-year-old-old-out) committed an indecent act by force against the victim by putting the hand under the back of the back of the fucks where the victim was entered,

Summary of Evidence

1. The defendant's partial statement (the acknowledgement of paragraph (1), the denial of paragraph (2));

1. Each legal statement of witness G and H;

1. Statement made to D by the police;

1. Reports on internal investigation (in relation to dispatch to the site and confirmation of the fact of damage), investigation reports (in relation to the suspect's assertion and appearance of the suspect);

1. A witness's statement also conforms to the application of the law that denies the intent of indecent act by compulsion in the case of paragraph 2 of the judgment of the court below. However, according to the victim's statement, the defendant was able to be shotbucks and used in the clothes inside the bucks. The intent of indecent act by compulsion is recognized.).

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

1. Personal information of the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities.