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(영문) 부산지방법원 동부지원 2021.02.05 2020고단2747

강제추행등

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. On May 27, 2020, the Defendant committed an indecent act by force against the victim by entering the victim’s bucks, entering the victim’s bucks by hand until the victim’s bucks appear to be on board the vehicle at the Busan Shipping Daegu B hotel on May 27, 2020, when the victim C (n, female, 36 years of age) gets on board the vehicle along with his driving.

2. In the date and time set forth in paragraph 1, the injured Defendant was at the location of the victim C, with both descendants who received a claim from the victim C, leading to the victim’s shouldering and tightly cutting down the victim’s shoulder, which requires multiple-time treatment for about two weeks.

3. The Defendant damaged property at the time and place mentioned in paragraph 1, and at the same time, the victim’s property was damaged so that the sum of 1,422,166 won is 1,42,00,000 won of the repair cost, as the Defendant was posted on the back of the ENA vehicles owned by the victim D.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the respective Acts and subordinate statutes to medical certificates of injury inflicted on police statements of C, D, F, and G, vehicle photographs, video images, estimate for maintenance of motor vehicle inspection and maintenance, and each photographic document;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of injury), Article 366 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Where a conviction against the defendant is finalized in relation to the crime of indecent act committed in the judgment of coercion as to the registration and submission of personal information under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the defendant is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the defendant is obligated to submit personal information to a related

On the other hand, the punishment of sexual assault crimes, which cause the registration of personal information, shall be imposed in full view of the nature of the crime, severity of the crime, etc.