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(영문) 광주지방법원 2018.11.21 2018고단2683
강제추행등
Text

A defendant shall be punished by imprisonment for not more than four months and by a fine not exceeding 1,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

『2018 고단 2683』 피고인은 2018. 6. 1. 07:35 경 광주 서구 C에 있는 D 매장 앞 길에서, 피해자 E( 가명, 여) 이 출근하기 위하여 셔틀버스를 기다리고 있는 것을 보고 피해자를 추행하기로 마음먹고, 피해자의 뒤로 접근하여 ‘ 멋지다’ 라고 말하면서 피해자의 좌측 엉덩이 부위를 피고인의 우측 손바닥으로 툭 치고 쓸어 올리면서 만지는 방법으로 피해자를 추행하였다.

On June 1, 2018, the Defendant, at around 09:20 on June 1, 2018, viewed the road on the side of the G coffee shop, and sent panty and panty at the G coffee shop.

Afterwards, sexual organ using hand, scambling scam and scambling below the above, and openly obscene acts such as returning the body and returning the body to the witness H.

Summary of Evidence

"2018 Highest 2683"

1. Statement by the defendant in court;

1. Protocol of the police statement to E "2018 Highly 882";

1. Statement by the defendant in court;

1. Application of H’s written Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), and Article 245 of the Criminal Act (the point of obscenity and the selection of fines) concerning criminal facts;

1. Article 10 (2) and Article 55 (1) 6 of the Criminal Act to mitigate mental and physical weakness;

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 3 of the same Act concerning the aggravation of concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 62-2 of the Criminal Act and Article 44-2 of the Medical Treatment, Care, Custody, etc. Act to observe the protection and order for medical treatment;

1. The reason for sentencing under the proviso of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete a program (a special circumstance in which no order to complete a program is issued is recognized by taking account of the following reasons for sentencing) is that the defendant's mistake is recognized and reflects his/her behavior, the degree of conduct is not severe, the defendant has no criminal record of the same kind, and the defendant has a disease, such as a bipolartic disorder, editing colonies, and emotional disorder.

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