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(영문) 서울서부지방법원 2020.11.25 2020고단2921
강제추행
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 of the final judgment.

Reasons

Punishment of the crime

1. The Defendant committed the crime of April 3, 2020, around 19:00 on April 3, 2020, committed an indecent act by force on the part of the victim C (the name of the victim), followed by the victim C (the name of the victim) in front of Mapo-gu Seoul, Mapo-gu) on the street, thereby making the victim's chest only once only one time.

2. On April 28, 2020, the Defendant committed a crime on April 28, 2020, around 18:10, committed an indecent act by force against the victims, on the part of the victim F (a) who walked in the street near the Ear basin located in Mapo-gu Seoul Metropolitan Government D at one time, with the chest of the victim G (a woman, 24 years old) at one time, with the chest of the victim H (a woman, 18 years old) at one time.

3. On August 7, 2020, the Defendant committed the crime on August 7, 2020, at around 15:30, the Defendant committed an indecent act by force against the victim by making the victim J (W, 21 years of age) his/her chest on his/her own loss before Gangnam-gu Seoul Metropolitan Government I only once.

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement of the police suspect C (tentative name), F (tentative name), and the police statement of G against the defendant, the J, K, G, and H against the defendant;

1. A copy of the C (alias) statement;

1. 112 reported case handling table;

1. A report on internal investigation (in the vicinity of the CCTV for the confirmation of CCTV at the site of the incident), CCTV image closure photographs;

1. Investigation report (a crime scene and CCTV image image);

1. A criminal investigation report (specific suspect), photograph of the defendant and CCTV images-cape photograph;

1. Application of statutes governing stenographic records;

1. Article 298 of the Criminal Act applicable to the crimes;

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. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. Although the reasons for sentencing in the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities are not identical to that of the Defendant, the instant crime itself shows the Defendant’s sex offense

Of course, the fact that the defendant is suffering from mental difficulties is recognized, and various contingents are different.

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