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(영문) 서울남부지방법원 2020.09.16 2020고단2144

강제추행등

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 December 1, 2019, the Defendant, at around 15:20 on December 1, 2019, used a toilet in the “CPC room” located on the second floor of the building B in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu, without being fastened with the shoulder belt. The Defendant: (a) Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da Da, and (b) caused the victim to refuse it; (c) caused the victim to have his/her own hand and his/her am knick and forced the victim.

2. The Defendant assaulted the victim E (the age of 28) who was under contact with the victim who was sexually indecent act D at the time, at the same time and place as the above 1.3, and arrived at the above PC, with the victim’s knife and the victim’s knife and the left eye on one occasion, respectively.

Summary of Evidence

1. Application of the police interrogation protocol F, D, and written statement by the police of the defendant in relation to the defendant's legal statement E to the investigation report (the CCTV analysis in the event of a suspect A's indecent act by compulsion);

1. Relevant Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 16(2) of the Addenda to the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes under Article 62(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 56(1) main text of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3(1) main text of the Act on Welfare of Disabled Persons, the Defendant, on the grounds of sentencing, committed an indecent act by recklessly committed an indecent act by a female with no awareness of being drunk, and committed an assault against another victim at the scene.

In light of the contents, means and methods of the crime, the circumstances before and after the crime, etc., the crime is not good and has not been recovered from damage.

However, the defendant has been led to confession or criminal punishment.