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(영문) 서울서부지방법원 2020.06.10 2020고단1219
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

The defendant is a foreigner of the nationality of Saudi Arabia who has entered the Republic of Korea as a general training (D-4) and is undergoing medical training.

1. The Defendant, at around 03:10 on March 15, 2020, committed an indecent act by indecent act by compulsion, committed an indecent act by force against the victim by finding out the victim D (a while under dancing, 26 years old) who is danced, and under the influence of alcohol, by committing an indecent act by force, on the part of the victim’s own hand.

2. In relation to the Defendant’s indecent act, such as Paragraph 1, at the same time and place as that of Paragraph 1, the Defendant assaulted the victim, such as, at the same time and place, the victim’s glass residues, which was a dangerous thing that the victim saw as her hand, once every time to the victim, allowing the victim to protruding.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing damaged photographs and CCTV video CDs;

1. Relevant provisions of the Criminal Act concerning the crime, Article 298 of the Criminal Act concerning the selection of a punishment, Articles 261 and 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

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. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (limited to special circumstances in which an order to attend a lecture cannot be imposed, if it is difficult to expect an effect of preventing recidivism through an order to attend a lecture because the accused

1. Where a conviction becomes final and conclusive on the crime of indecent act by compulsion on the judgment that constitutes a sex offense subject to registration and submission of personal information under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused 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 is obligated to submit personal information to

disclosure order; or

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