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(영문) 인천지방법원 부천지원 2019.09.04 2019고단1249
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

At around 22:30 on March 23, 2019, the Defendant: (a) at the bus stops in front of the Cmast in Busancheon-si B, the victim D (n, 27 years of age) and the victim E (n, s, 46 years of age) reported in the bus stops with the intent of committing an indecent act against the victims; and (b) accessed the victims E (n, e.g., the victims “larger defect.” even though the victims refused and avoided the jobs, the victims continued to follow the victims, and the victims E was pushed up with the Defendant’s shoulder on the shoulder of the victim D, and the victim E was frighted with the Defendant’s face, expecting the Defendant’s face to the shoulder of the victim E, and sealed the victim E by hand.

Accordingly, the defendant forced victims to commit indecent acts.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D and E;

1. Application of Acts and subordinate statutes to police investigation reports (on-site CCTV verification);

1. Relevant Article 298 (1) of the Criminal Act, the choice of punishment for the crime, 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. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses;

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 (the age, occupation, risk of repeating a crime, type and motive of the crime in this case, type of the crime in this case, process, disclosure or notification order, the degree of disadvantage and anticipated side effects of the defendant's entry due to the crime in this case, the prevention of sex crimes subject to registration that may be achieved due to such order, and the effect of protecting the victims, etc

1. Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Act on December 11, 2018, as well as Act on Welfare of Persons with Disabilities.

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