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(영문) 서울동부지방법원 2020.01.31 2019고단3233
강제추행
Text

A defendant shall be punished by imprisonment for 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

On August 15, 2019, at around 20:0, the Defendant, on the Seongdong-gu Seoul Metropolitan Government, Seongdong-gu, and the C convenience store, combined with the victim D (Gain name, 39 years old), the husband of the victim, etc., and entered the victim's bridge seated next to the victim's own seat while drinking together with his her husband, and entered the victim's body. On the part of the victim, the victim was able to buck back the victim's bridge, buckbucks, kis, etc. with the victim's hand and remove the victim's bridge.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D (alias) and E;

1. Each investigation report (No. 8,10).

1. A complaint;

1. Application of the Acts and subordinate statutes concerning CCTV images and CCTV image CDs by capturing CCTV images;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 47(1) and the proviso to Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, Article 47(1) and Article 49(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 50(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (i.e., the Defendant’s age, occupation, risk of repeating a crime, motive, method of committing the crime in this case, seriousness of the crime, disclosure order or notification order, the degree and anticipated side effects of the Defendant’s disadvantage due to the order, the preventive effect of sexual crimes subject to registration that may be achieved therefrom, the effect of protecting the victims, etc.) shall not be disclosed or notified of personal information in comprehensive consideration of the Defendant’s age, family environment and social relationship, criminal records, details and motive of the crime, method and consequence of the crime, etc.

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