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(영문) 서울동부지방법원 2018.07.13 2018고합166
준강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

Some of the facts charged were revised in accordance with the evidence relationship to the extent that it does not actually disadvantage the defendants' exercise of their right to defense.

1. On April 16, 2017, the Defendant, who committed a crime around April 16, 2017, accessed the name-free women suffering from locking from the floor of the Seoul Gwangjin-gu Seoul Special Metropolitan City and the second underground floor D around April 16, 2017 by approaching the name-free women suffering from the Defendant’s sexual organ.

In the face of the victim, the victim was forced to commit an indecent act by taking advantage of the victim's resistance impossible condition.

2. On March 10, 2018, the Defendant: (a) committed an indecent act by force against the victim E (a) who was diving on the floor at the same place as indicated in paragraph (1) around March 10, 2018, at around 07:09, at the same time as indicated in paragraph (1) around 07:09; and (b) he/she was in the part of the Defendant’s sexual organ, and was in the part of the Defendant’s sexual organ.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reports on internal investigation (verification of CCTV images) and investigation reports (Attachment of CCTV images related to crimes on April 16, 2017);

1. Application of Acts and subordinate statutes governing criminal video CDs;

1. Relevant provisions of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the selection of punishment;

1. The aggravated punishment for concurrent crimes is prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes against a female who has severe name-free, as provided for in Article 38 (1) 2 and Article 50 of the same Act);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

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 Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from Disclosure Orders and Notification Orders, 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 (in light of the fact that the defendant recognized all of his/her crimes and is against the defendant, the registration of personal information of the defendant, taking lectures in treatment of sexual assault, and taking other measures.

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