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(영문) 서울북부지방법원 2020.05.14 2019고단4762
준강제추행
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

On October 5, 2019, between 03:26 and 03:58, the Defendant discovered the victim D (tentative name, 45 years of age) who was divingd in Seongbuk-gu Seoul, “C” located in Seongbuk-gu Seoul, and brought about the victim’s growth to his own sexual flag by enjoying the victim’s inner part below the victim’s growth. The Defendant moved to the victim’s inner part of the victim’s sexual organ back to the victim’s her inner part and brought about the Defendant’s sexual organ back to the victim’s her inner part over two occasions. The Defendant moved the victim’s body back to another place from the victim’s outer part of the body and brought about the victim’s sexual part to the victim’s own sexual part, and brought about the victim’s sexual part to the victim’s own sexual part, and her sexual part to the victim’s hand.

As a result, the Defendant committed indecent act against the victim who was unable to resist due to diving.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police in relation to D;

1. A report on internal investigation (verification of CCTV at a damaged place and a tracking prior to committing a crime) and images of CCTV images attached thereto;

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling Table;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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 Committed against Probation and Order to Attend Courses;

1. The reasons for sentencing under 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 have committed an indecent act by approaching the victim who is locked in the lele or the body room. In light of the nature of the indecent act and the attitude of the indecent act, etc., the crime is bad.

In addition, the defendant was unable to receive a letter from the victim.

However, the fact that the defendant acknowledges the crime and reflects the mistake, the circumstances that the defendant has no criminal record for the same kind of crime are considered, and the age, character, character, environment, health conditions, family relationship of the defendant.

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