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(영문) 수원지방법원안산지원 2020.10.14 2020고단3395
강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten 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. At around 07:08 on August 12, 2020, the Defendant committed indecent act by indecent act by indecent act: (a) committed an indecent act by indecent act against the victim D (the name of the victim, the age of 35) who was going through a path in front of the convenience store C located in Sinung-si B; and (b) committed an indecent act against the victim by having the victim talked with the victim within the convenience store after the victim was pushed the Defendant, and by having the victim interfered with the said convenience store.

2. The Defendant, at around 10:18 on the same day as indicated in paragraph (1), was arrested of a flagrant offender due to the crime of indecent act by compulsion at the E Team office of the Silung Police Station located in Silung-ro, 513 on the same day as indicated in paragraph (1), and attempted to escape from the office and the police officer of the above police station, and obstructed the police officer’s legitimate performance of duties concerning crime prevention and investigation.

Summary of Evidence

F. Each police protocol of statement of F. D.D.

1. All closure photographs of the G;

1. Application of Acts and subordinate statutes to the results of CCTV CD reproduction viewing;

1. Relevant legal provisions concerning the crime, the choice of punishment under Article 298 of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

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

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

1. The defendant and his/her defense counsel's assertion regarding Article 62-2 of the Probation Criminal Act and Article 62-2 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to Attend the course of the instant crime. However, in full view of the circumstances acknowledged by the evidence duly adopted and investigated by the court of this case, the defendant's ability to discern things or make decisions at the time of the instant crime.

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