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(영문) 부산지방법원 2020.10.30 2020고단2697
강제추행
Text

A defendant shall be punished by imprisonment for not more than ten months.

The defendant is a child or juvenile-related institution, etc.

Reasons

Punishment of the crime

The defendant is a Vietnamese person.

1. On May 11, 2020, around 04:40 on May 11, 2020, the Defendant discovered the victim C (or 30 years of age) who was charged with stairs in the exit of Busan-gu, Busan-gu, about 13 times, at the Busan-gu, about May 11, 202, and discovered the victim C (or 30 years of age), who was able to commit an indecent act against the victim's descendants following the victim, and the victim's her her her her her mb

Since then, the Defendant sent a kick, and re-entered the victim in front of the exit No. 13, through another exit, the Defendant turned the victim's chest at one time with the victim's hand in front of the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. On June 6, 2020, the Defendant committed the crime on June 6, 2020, around 04:40, around 04:40, on the side of the Escopic road located in Busan Jin-gu, Busan, the Defendant discovered the victim F (the 27 years of age), and followed the victim’s mind to commit an indecent act. On the other hand, the Defendant used the victim for scoply using both arms, and scoped the victim’s chest on two occasions.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement related to C and F;

1. Application of CCTV image CDs and caps, telephone recording photographs, and the Acts and subordinate statutes governing CDs;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 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 Order to complete program (the defendant is deemed difficult to complete program because he/she fails to use the Korean language to a foreigner

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse and the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Article 42 of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes where a conviction of a defendant against the criminal facts stated in the judgment that the defendant should register personal information and submit the cost of lawsuit becomes final and conclusive.

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