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(영문) 서울중앙지방법원 2019.05.29 2019고합343
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. On October 10, 2018, at around 08:42, the Defendant and the respondent for probation order (hereinafter “Defendant”) committed an indecent act by force against the victim D (L, 35 years of age) following the victim D (L,) who is going to go to the display stand in front of the display stand in the first floor of C sales outlet located in Jongno-gu Seoul Metropolitan Government building B, Jongno-gu, Seoul.

2. On October 10, 2018, at around 08:47, the Defendant committed an indecent act by force against the victim E (the 32 years old), followed by the victim E (the 32 years old), who was on the 2nd floor of the said C sales outlet, by inserting the victim’s own hand toward the her her humf, by inserting them into the victim’s humf, and by forcing the victim to commit an indecent act.

3. On October 12:45, 2018, the Defendant: (a) prevented a victim H (a) in front of “G,” located in Jongno-gu Seoul Metropolitan Government F from being sealed with a wall; (b) prevented him/her from cutting off with a wall; and (c) led him/her to the victim’s kele on his/her hand; and (d) committed an indecent act by force against the victim by other descendants.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The police statement of H;

1. Each statement of D and I;

1. Investigation report (to hear victim E-mail statements);

1. Application of CCTV image CDs and caps-fagic Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, and the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse do not have any criminal history against the Defendant. The Defendant’s age, character and conduct, environment, social relationship, and this case’s crime is committed.

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