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(영문) 서울서부지방법원 2021.02.17 2020고단4159
강제추행등
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

1. On November 16, 2020, the Defendant committed an indecent act by force against the victim, on the part of November 13:10, 2020, by forcing the victim to sit on the road front of Eunpyeong-gu Seoul, Seoul, a residence of the victim B (the 85-year old, household name) and move on the road front of Eunpyeong-gu Seoul, Seoul, a residence of the victim B, and by forcing him to commit an indecent act against the victim.

2. On November 24, 2020, the Defendant invadedd the victim’s residence by opening up the door door of the 1st floor above the above victim’s residence with the entrance door of the 1st floor above the above victim’s residence and opening up the door door and opening the door door.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made in relation to B (tentative name) and D (tentative name);

1. Application of Acts and subordinate statutes to a report on each investigation of a photograph of the scene of occurrence and CCTV for the closure of each crime prevention CCTV (related to the confirmation of CCTV near the site and the telephone for

1. Relevant Article 298 of the Criminal Act concerning the crime, the choice of punishment, Article 298 of the Criminal Act, Article 319 of the Criminal Act (the point of intrusion upon residence), and the choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes as prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated within the extent that the sum of the long-term punishments of each crime above the punishment prescribed in the holding heavier than the punishment);

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

1. The proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the proviso to Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (the Defendant is suffering from the "Dementia in Albimer’s Albimer’s Albimer’s disease" and the Defendant is unable to impose an order to attend a lecture in light of the degree thereof. Thus, an order to attend a lecture may not be issued to the Defendant pursuant to the proviso to Article 1

1. Grounds for sentencing under the main sentence of Article 56 (1) of the Act on the Protection of Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Persons with Disabilities Act, which is an employment-restricted order;

1. Scope of punishment by law: Imprisonment with prison labor for one month to 13 years;

2. The scope of punishment recommended according to the sentencing criteria.

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