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(영문) 대전지방법원 2019.11.21 2019고단3179
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 19, 2019, around 01:30 on June 19, 2019, the Defendant boarded the bus No. 194 operated from the Seoul High Bus Terminal to the Daejeon Complex Bus Terminal, which was operated by the new distribution of Seocho-gu Seoul Metropolitan Government, and was seated No. 19 in the seat No. 19 on the window, and was seated no. 20 seat, the Defendant was seated by his hand, and 4 times the left left side bucks and bucks of the victim C (Woo, 22 years of age, Ga name).

Accordingly, the defendant committed indecent acts by taking advantage of the victim's mental and physical loss.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to C by the police;

1. Application of Acts and subordinate statutes to field photographs and video files stored in each CD as a result of reproduction and viewing;

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. Sentencing of sentencing under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant is not good in light of the background and content of the crime in this case, and the victim seems to have suffered considerable sexual humiliation and mental suffering due to the crime in this case, etc., and considering the circumstances favorable to the Defendant, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime in this case, and the scope of recommended sentences according to the sentencing guidelines of the Sentencing Commission, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime in this case.

When a conviction on a crime subject to registration becomes final and conclusive, 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 is obligated to submit personal information to the relevant agency pursuant to Article 43 of the same Act.

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