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(영문) 부산지방법원 2021.01.15 2020고합245
강제추행등
Text

1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;

3.

Reasons

Punishment of the crime

“C” on May 12, 2019, at around 03:30 on May 12, 2019, the Defendant 2020 Gohap 245, and was temporarily set free from the 6th soup room of “C” located in Busan Dong-gu, Busan.

D (n, 27 years old) discovered the victim's personal fingers, and used the victim's mental and physical loss or resistance impossible condition, such as cutting and rhing the victim's right chest part of the victim's right chest with the victim's personal fingers.

around 03:07 on December 9, 2019, the Defendant discovered that the victim was divingd in the front and rear simplified bed in the PC room operated by the Busan Dong-gu E, Busan, and the second floor victim F (the name, the 54 years old) around December 9, 2019, and found that the victim was divingd in the front and rear simplified bed from the victim's head, and that the victim's head was frightd in the middle of his sexual organ and frightened by his hand.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or incompetence.

Summary of Evidence

" 2020 Gohap 245"

1. Statement by the defendant in court;

1. Each police statement made to D or F;

1. Investigative Report (Attachment of Ctv fix), - Photographs, investigation report (attached with one CD, etc. for storage ofCCTV), - cd, - Photographs 2020 high 246

1. Statement made by the police on F of the defendant's legal statement;

1. Application of the Acts and subordinate statutes to the internal investigation report (voluntary submission of a suspect's semen), internal investigation report (fence photographs, etc. in the form of a crime committed onCCTV), CCTV storage CD, internal investigation report (CCTV's search on the suspect) and each gene appraisal report (Evidence Nos. 10, 15 of the evidence records);

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act for the crime, the choice of punishment, and the choice of imprisonment;

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

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

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Protection and Observation and the Punishment, etc. of Sexual Crimes against Sexual Crimes;

1. Article 47(1) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order;

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