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(영문) 서울서부지방법원 2019.09.11 2019고단1945
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On April 2, 2019, the Defendant committed an indecent act by compulsion on or around 23:05, around the dwelling entrance of the victim C (at the age of 43) in Eunpyeong-gu Seoul and the first floor, and the victim was followed by a mixed return victim, and the victim was committing an act of self-defense, such as drinking the victim’s secret number when entering the password in front of the dwelling entrance, and taking the victim’s sexual organ back from behind the victim’s et al., with his hand, and shakeing the victim’s sexual organ. On the other hand, the Defendant was asked by dividing the Defendant’s fixed amount on his left hand into the clothes used by the victim and the clothes used by the victim.

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

2. On April 6, 2019, the Defendant publicly obscenity committed an obscene act by openly committing an act of self-defense, such as scambling sexual organs, while opening a fat and completely bat, while viewing the F (n, 18 years of age, etc.) where he/she was running in the street near “Eart” located in Eunpyeong-gu Seoul Metropolitan Government D.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. Reports on internal investigation (related to CCTVs for crime prevention, relation to the suspected victims), investigation reports (related to reports on genes of the National Institute of Scientific Investigation and Investigation);

1. Application of Acts and subordinate statutes to gene appraisal certificates;

1. Relevant Article 298 of the Criminal Act, the choice of a punishment on a crime, Article 298 of the Criminal Act, Article 245 of the Criminal Act, and the choice of imprisonment with labor;

1. From among concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above and the punishment heavier than the punishment prescribed in the crime of indecent act by force);

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Reasons for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to the Welfare of Disabled Persons Act (Law No. 15904, Dec. 11, 2018), the main sentence of Article 59-3 (1) of the Act on Welfare of Disabled Persons;

1. The scope of punishment by law: Imprisonment;

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