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(영문) 서울동부지방법원 2020.05.14 2019고합352
성폭력범죄의처벌등에관한특례법위반(주거침입강제추행)
Text

The sentence of sentence shall be suspended for the defendant.

Reasons

Punishment of the crime

At around 17:00 on July 1, 2019, the Defendant discovered a school after completing after-school lessons in front of the Cgate room located in Gwangjin-gu Seoul Special Metropolitan City, the victim D (tentative name, leisure, 8 years old), the victim E (tentative name, leisure, 8 years old) and followed by approximately 300 meters back of the victims, and entered the victims in front of the common entrance door of the first floor of the building of the victim D's residence located in the same Gu F, and the Defendant knew of the fact that the Defendant was following it, and used the two arms of the victim E, and used them for the victim’s shoulder, etc.

Accordingly, the defendant forced victims to commit indecent acts.

The charges of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes include the charges of indecent acts by compulsion. In light of the progress of the trial in this case, there is no concern about causing a substantial disadvantage to the defendant's exercise of his/her right to defense even if this is acknowledged. Thus, the charges of indecent acts by compulsion are acknowledged

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. On-site reports (including the process until the occurrence of indecent acts by compulsion of residence), the closure of victim students, suspect moving lines and CCTV images, consultation logs (related students), internal investigation reports (in the first school of victim students' first school), stenographic records (connection of victim students' first school), stenographic records (content of victim E's statement), investigative reports (Attachment of CCTV images such as the victim's moving route and the scene of crime), investigation reports (Attachment of CCTV such as the victim's moving route and the scene of crime), and criminal investigation reports (Submission of forward documents related to "statement analysis opinions" related to the Seoul Mine Police Station, the victim E (name).

1. Application of CCTV video-recording Acts and subordinate statutes;

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the crime, selection of fines;

1.A fine of 3,500,000 won to be suspended.

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