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(영문) 수원지방법원 2021.01.28 2020고단3433
준강제추행
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 23:42 March 6, 2020, the Defendant boarded in D E buses in front of the bus stops in Gangnam-gu Seoul Metropolitan Government, Seoul, and became seated next to the victim F (S, 24 years old).

around 00:37 March 7, 2020, when the defendant gets on and off the above bus, the victim divedddd the victim's grandchildren and her chests with the kivers' grandchildren, and rhhd them into a bridge with the bridges.

The defendant continues to be able to have suffered from the loss of the defendant, and the person who has relocked again after the loss of the defendant knife the defendant's hand, is the knife and the victim.

I think of it, again, the victim's grandchildren and her chest were involved in indecent acts by force.

Accordingly, the defendant committed an indecent act against the victim by using the victim's mental or physical loss or the state of impossibility of resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement prepared by the F;

1. 112 Application of Acts and subordinate statutes to the table of 112 reported case handling, victim photographs, photographs of suspect moving route, elevators boarding a suspect's residence, and each investigation report (Evidence Nos. 8, 11, 12 of the evidence list);

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend a lecture or community service order;

1. Article 47(1) and Article 49(1) proviso of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from the disclosure order and notification order; Article 49(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse (including the defendant’s age, family environment, family environment, family relationship, social relationship, relationship with the victim; the course and result of the instant crime; the prevention of sexual crimes that can be achieved by the disclosure order and notification order; the effect of the victim protection; the degree of disadvantage and anticipated side effects of the defendant's entry.

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