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(영문) 서울중앙지방법원 2020.04.10 2019고단6693
강제추행등
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around 08:30 on June 19, 2019, the Defendant violated the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts at Public Smuggling Places) led the victim to a fluoral hand on the side of the victim B (the victim’s name, fluor, 22 years old) while driving from the scarcity 2 of Seoul subway Line located in Seoul Metropolitan Government to the scarde of the company.

Accordingly, the Defendant committed an indecent act against the victim in the front car, which is a place where the public is concentrated.

2. From July 6, 2019 to 16:10 on the same day, the Defendant: (a) from around 15:20 on July 6, 2019 to around 16:10 on the same day, and (b) after the victim E (the victim’s name, female, and 39 years old) the victim’s her her her her her her her b

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Statement of each police statement of B and E;

1. Investigation report (CCTV perusal, reproduction, and analysis);

1. Inquiries into the opening of the sloping Station, the details of railroad use, and inquiries into the details of each traffic use;

1. Application of Acts and subordinate statutes, such as a suspect's closure photograph taken in CCTV images;

1. Relevant legal provisions on crimes, Article 11 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment, etc. of Sexual Crimes, Article 298 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 (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act

1. Scope of punishment by law: One month to one year;

2. The scope of recommended sentences according to the sentencing criteria (the determination of types of sex offenses);

B. The crime of indecent act by compulsion (the 13 years of age or older) is [the 1st type] general indecent act by compulsion (the special person): the area of recommendation to avoid punishment.

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