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(영문) 전주지방법원 2020.11.11 2020고단615
강제추행
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 two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 09:00 on October 21, 2019, the Defendant committed an indecent act by force on the part of the victim C (the victim 23 years of age), who is a physical therapyr, when being towed by an outside-type and a physical therapy room located in Yansan-gu B in the front city of 09:00.

2. On October 23, 2019, the Defendant was towed in the above-mentioned and the physical therapy room at around 10:09, and had the victim take part in the victim D (one’s name, half, and twenty-four years old), and had the victim take part in the Defendant. After having the victim take part in the body of the victim, the Defendant forced the victim to take part in the body of the victim with two descendants, and had the victim take part in the body of the Defendant, and had the victim take part in the body of the victim tightly with the Defendant at least five times.

Summary of Evidence

1. The defendant's statement in court as a witness D's partial statement;

1. A protocol of partial police interrogation of the accused;

1. Each police officer's statement of C or D (tentative name);

1. The application of Acts and subordinate statutes to CDs (where the women shown in 10:09:49 through 10:09:55 on a hospital CCTV storage CD (related to the verification of CCTVs in a hospital, No. 5) and on the photograph (No. 6) of a hospital CCTV images, they appear to be D, but D appears to be a woman shown in 10:02:35 through 10:00 among the above images, he/she is not himself/herself at this court.

1. Relevant Article 297 of the Criminal Act and the choice of punishment concerning the facts constituting an offense, and the choice of imprisonment;

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

1. Article 62 (1) of the Criminal Act (the following grounds for sentencing)

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against community service orders and lectures;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 17338, Nov. 26, 2019); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 1738, Jun. 2, 2020); Article 59-3 of the Welfare of Disabled Persons Act.

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