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(영문) 대전지방법원 2021.02.18 2020고단5489
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

In India around 01:50 on September 26, 2020, the Defendant: (a) followed the victim D (at the age of 20) who was walking a place near Seo-gu Daejeon apartment C, Seo-gu, Daejeon apartment on September 26, 2020, the Defendant: (b) followed the victim D (at the age of 20) who was walking a place, “at the age of 20”; (c) “Is the victim’s left chest one time with the victim’s own hand; (d) “Is the victim’s horse”; and (e) the victim tolds the victim “Is the horse,” and (e) followed the victim’s chests one time by both hand.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Written statements made by the police concerning D;

1. The application of Acts and subordinate statutes to photograph the damaged area; the processing table of the case 112 Report; each CCTV photograph; the CCTV image; the maps; the Kakaoo Stockholm dialogue (verification of suspected person's appearance and escape); the internal investigation report (the tracking of the Egypt E apartment), the internal investigation report (the verification of the head of E apartment and the three members of the household and the request for communication data); and the application of the internal investigation report (the personal information of the suspected person);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. Reasons for sentencing of Article 16 (1) and the main sentence of Article 56 (1) of the Act on Special Cases concerning the Protection of Juveniles against Sexual Abuse and the Punishment, etc. of Sexual Crimes committed by Juveniles and Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by Juveniles with Disabilities;

1. The scope of the recommended punishment according to the sentencing criteria [the types of sex offenses];

(b) Crimes of indecent conduct by force (subject to at least 13 years of age) / [Class 1] General compulsory indecent conduct [person subject to special sentencing] mitigation element: The area of mitigation of punishment [the area of recommendation and the scope of punishment], the area of mitigation of punishment [the area of recommendation and recommendation], January through one year;

2. Determination of sentence of this case is a bad character in light of the background, method of prosecution, and level of prosecution.

In particular, the defendant commits an indecent act of the same kind committed on April 23, 2020.

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