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Reasons
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(영문) 광주지방법원 2019.03.20 2018고단4982
강제추행등
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A defendant shall be punished by imprisonment for not more than ten 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 August 25, 2018, at around 19:54, the Defendant met C (or 20 years of age) with a studio in the corridor of the first floor of the Seo-gu Seoul building, Seo-gu, Gwangju on Special Cases Concerning the Punishment, etc. of Sexual Crimes, etc. of Sexual Crimes, and C entered the above female toilets with a view to having the female toilet enter such a room and satisfy his/her sexual desire.

2. The Defendant entered a female toilet at the above time, at the above time, at the above place, and after locking the door, sealed the victim with her hand, and pushed the victim with the wall, and her her ambbbbuck inside the victim's ambuck, and the victim pushed the Defendant, her hand, her hand, her chest into the victim's clothes, and her chest was detained by force.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes to photographs of CCTV screen pictures front of female toilets at the site of the case, and additional photographs of female toilets;

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act selection of punishment, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Selection of Imprisonment with labor;

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 62-2 of the Criminal Act; Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the main sentence of Article 49 (1) and the main sentence of Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse - favorable circumstances: The fact that the defendant acknowledges his/her mistake, that the defendant agreed with the victim - that the defendant is a planned crime.

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