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(영문) 부산지방법원 서부지원 2020.05.08 2019고단2697

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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (one, half, 50 years old), victim C (one, half, 51 years old), and victim D (one, half, 48 years old) are all known.

1. At around 03:20 on June 5, 2019, the Defendant committed an indecent act by compulsion against the victim B by force against the victim’s sexual organ located in the F located in Busan Northern-gu E, thereby committing an indecent act by force against the victim’s sexual organ, following the victim’s sexual organ being sel and danced within the F.

2. The Defendant: (a) committed indecent act by compulsion against the victim C by force against the victim at the time and place of the above paragraph (1) above; (b) committed an indecent act against the victim’s her sexual organ at her her malm, her malm, and committed an indecent act against the victim by force on several occasions, even though the victim’s malm, her malm, her head, and the victim’s malm, her head on the victim’s

3. The Defendant committed an indecent act by compulsion against the victim D by force on several occasions in the same manner as the above paragraph 2, even though the victim did not make a statement at the time and place of the said paragraph (1).

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made in relation to B (alias) and D;

1. Each police statement made to G, H and I;

1. A copy of investigation report (referring to the examination report of the relevant case), statement statement;

1. Application of Acts and subordinate statutes to a criminal investigation report (to telephone conversations with the victim's daily department), investigation report (to hear statements on damage);

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. Circumstances unfavorable to the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes: The instant crime committed by the Defendant is very bad in light of the method, frequency, etc. of committing the instant crime by committing an indecent act against the victims who sing in indoor packaging.

Damage has not been recovered.

A favorable circumstance: The defendant.