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(영문) 인천지방법원 부천지원 2019.07.17 2019고단814
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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 January 16, 2019, around 23:56, the Defendant committed the crime against the victim B (a name, leisure, 19 years of age) committed the crime, and around the front direction of the “D” located in Seocheon-si C, Seocheon-si, Seoul, the Defendant was able to find the victim B, find the victim B, and then bring the victim into both arms.

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

2. On January 17, 2019, the Defendant committed the crime against the victim E (the name, female, and the age 21) committed the crime, around 00:15, the Defendant sought to find the victim, to find the mixed victim, to attract the victim to both arms, to attract the victim by hand, and to kis.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the B (alias) and E and each CCTV photograph;

1. The application of Acts and subordinate statutes attaching photographs of CCTV images of a suspect, such as report on internal investigation (before, after, after, after, and after, the crime of a suspect), investigation report (before, before, after, after the crime of a suspect is committed by a suspect), and photographs of CCTV images of a suspect;

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

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

1. Article 62 (1) of the Criminal Act;

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Probation and Order to Attend Community Service;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify information, 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 (i.e., the Defendant’s age, social ties, risk of repeating a crime, benefits and preventive effects expected due to an order to disclose or notify the Defendant’s registered information, and disadvantages and side effects therefrom).

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