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(영문) 대구지방법원 2018.09.14 2018고합180

강제추행등

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

around March 31, 2018, Defendant 2018 and the claimant for the order to observe the protective order (hereinafter referred to as “Defendant 2018”), around 22:30 on March 31, 2018, Defendant 1 and 32:45 were on board the city bus, and around the time when she passed the road within the inner 455-ro of Daegu Dong-gu, Daegu-gu, Seoul, the next side of the victim D (V, 37 years of age) who sit on his/her front seat, going back to the future.

Accordingly, the Defendant committed an indecent act on the part of the victim.

After the Defendant 2018 Gohap 240 on board Daegu subway E, on April 17, 2018, the Defendant committed an indecent act by force on two occasions on the part of the victim F (n,e.g., 19 years old), who was seated on the left side of the entrance around the entrance around the Daegu East East-gu, Daegu East-gu, where the said subway was in the vicinity of the Daegu East-gu, 169 on April 17, 2018.

Summary of Evidence

"2018 Gohap 180"

1. Statement by the defendant in court;

1. Results of the verification of bus booms video recording CDs in this Court;

1. Statement made by the police against D;

1. 2018 Gohap 240 "Abs. 2018" in an investigation report (c.m. with bus officers);

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Report on internal investigation, confirmation of data from subways, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the facts constituting a crime;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes against victim F with heavier punishment)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The main sentence of Article 16 (2) and the main sentence of Article 16 (4) of the Act on Special Cases concerning the Protection and observation, the Punishment, etc. of Sexual Crimes;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order for disclosure, notification, and restriction on employment, the proviso to Article 49(1) and the proviso to Article 50(1) and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the defendant committed his/her own crime).