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(영문) 서울남부지방법원 2020.03.20 2019고단6792
준강제추행등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was first aware of in the course of attending a trip with the victim B (a person, a woman, 20 years of age).

On July 14, 2019, the Defendant, around 04:00, 00, got out of Mongolian Mondo, in order to see the victim's suffering as a knife by making the victim a knife in his knife, etc., and to see the victim's remaining knife while the victim was broken out in the lock, and how to knife the remainder of the knife is to be left.

At around 05:00 on the same day, the Defendant re-enters the victim into the said gate, and still sees the snow in the two gate, she can take the victim’s gate by enjoying the victim’s hand on the side of the victim, and her entrance into the defendant, and the victim was able to take the victim’s gate back to the opposite direction.

On the other hand, the defendant continued to have the victim's left side hand, has the victim's sexual flag, has the victim's hand back again, has the victim's hand kn's left hand, has the hand in the Defendant's sexual flag, has the hand in the victim's inner part, and has the hand over the victim's panty, and the victim's hand kn's hand was stored in the victim's jackets and got the victim's right chest.

As a result, the Defendant committed an indecent act against the victim by taking advantage of the victim’s failure to resist, and attempted to commit an indecent act against the victim by taking advantage of the victim’s failure to resist.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol of statement B to the police officer protocol;

1. Relevant legal provisions concerning criminal facts, Articles 299 and 298 of the Criminal Act on the choice of punishment, Articles 300, 299, and 298 of the Criminal Act, and the choice of imprisonment for each of the following: Imprisonment with labor;

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

1. The Criminal Act, the suspension of execution;

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