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(영문) 춘천지방법원 2018.02.13 2017고단1386
강제추행
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

Punishment of the crime

1. On August 2017, the Defendant: (a) 22:20, the Defendant boarded the express bus from E located in Gwangjin-gu Seoul Special Metropolitan City, to Hongcheon, and (b) ran the victim C (the age of 18) who sits in the seat next to the passenger by a sudden hand; (c) buckbucks on the left left side of the victim C (the age of 18), and buckbucks against the victim’s loss.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. Crimes against victim F;

A. On November 28, 2017, around November 28, 2017, the Defendant boarded a high speed bus as above, and put the Defendant into the Defendant’s right bridge and the victim’s left side bridge by checking the buckbucks in the victim F (age 18)’s hand.

B. On November 29, 2017, the Defendant: (a) boarded an express bus as set forth in paragraph (1) around November 22, 2017; and (b) 22:20 on November 29, 2017, and (c) met the victim’s left bucks.

Accordingly, the defendant committed an indecent act on the part of the victim on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of laws and regulations on police statements made to C and F;

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

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. Where a conviction on a sex offense subject to the registration of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes is confirmed, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the competent agency pursuant to Article 43 of the same Act.

The age, occupation, risk of recidivism, motive for committing a crime, progress and seriousness of a crime, disclosure order or notification order of the defendant exempted from disclosure order and notification order, the degree of disadvantage and anticipated side effects of the defendant's entrance, and the registration that can be achieved due to such order.

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