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(영문) 서울남부지방법원 2019.08.30 2018고단5679
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 September 6, 2018, the Defendant committed the crime at around 12:00 on September 6, 2018, 2018, which was calculated at the convenience store of the second floor C of the Yeongdeungpo-gu Seoul Metropolitan Government building B, and, on September 6, 2018, the Defendant: (a) stated that “the victim D (n, 23 years of age) who is an employee would show his/her good faith”; (b) made the victim’s left hand and prevented him/her from resisting; and (c) made the victim’s indecent act by force by having his/her hand fit his/her hand.

2. On September 7, 2018, the Defendant committed a crime on September 15:54, 2018: (a) around September 15:54, 2018, at the same place as the above paragraph (1) above, committed an indecent act by force against the victim by putting the victim’s left hand, etc. one time with the victim’s left hand and five times with the victim’s right hand.

3. On September 7, 2018, the Defendant committed the crime on September 15 and 59, 2018, at around 15:59:59 on September 7, 2018, the term “fash defects” to the same victim in the same place as the above paragraph (1) and committed an indecent act by forcing the victim by having the victim’s left hand, etc. fit one time with the victim’s own hand, etc.

Summary of Evidence

1. Some statements concerning the suspect examination protocol of the defendant;

1. Statement of D police statement;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

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. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a lecture (in light of the defendant's state, etc. entered in the records and pleadings of this case, it cannot be deemed that an order to attend a lecture can be achieved normally by taking into account

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (No. 15452), and Article 1 of the former Act on the Protection of Children and Juveniles against Sexual Abuse;

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