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(영문) 광주지방법원 2018.07.05 2018고단1930
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The defendant is a foreigner of the nationality of business bestan.

1. On April 15, 2018, at around 20:00, the Defendant entered the victim D (titled person)’s “E” store in Gwangju Mine-gu, Gwangju, into the victim’s “E” store, and told the victim that he would be able to see, “I would like to see” and see about 20 parts of the victim’s behind the victim, and made the victim scam to scam, and made the victim scam to scam, and scam to scam, and scam to scam.

2. On April 25, 2018, at the same place as before and after around 18:53 on April 25, 2018, the Defendant entered the said clothing shop as a customer, and then putting the victim out of the entrance, using the crepan in which there is no customer, and then making the cresh out of the entrance, and then making the knick into the victim’s knife in a place where the knife is displayed, knife three to four times knife knife knife knife knife k

In order to make a report, there was an indecent act against the victim as referred to as "competing."

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to D;

1. A written statement of D;

1. Investigation report (the application of Acts and subordinate statutes to confirm and investigate CCTV images in the CCTV store);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, 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. Taking into account the circumstances such as the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Order to complete program (the Defendant is unable to expect the effect of preventing recidivism by having a foreigner of the nationality of Mazbeki as he/she was unable to communicate with the Korean language because he/she does not facilitate communication with the foreigner, there are special circumstances in which the Defendant may not be ordered

The reason for sentencing - favorable circumstances: the defendant is led to the crime.

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