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(영문) 서울동부지방법원 2021.03.25 2020고단4373
강제추행등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is an employee of "C" main points in Gangdong-gu Seoul Metropolitan Government, and the victim D (V, 21 years old) is a temporary employee of the above main points.

On June 13, 2020, the Defendant, within the main point above 22:20 on June 13, 2020, was able to write down the victim's her body at the entrance of the main station and then down the part below the victim's chest, with his hand, and around 2:33 on the same day, the Defendant was able to write down the victim's her body and her body in front of the calculation unit of the above main station.

At around 04:00 on June 14, 2020, the Defendant continued to smoke with the victim, which seems to be able to use the back part of the victim's head and the shoulder part, and attempted to keep the victim's shoulder with the finger hand from the victim's shoulder, etc. and to attract the victim.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each police statement made to D and E;

1. Each entry into an investigation report (C business-related interview and CCTV verification), investigation report (Submission of data on victims - CCTV images at the time of forced indecent conduct);

1. Descriptions of on-site photographs and text messages and the application of video Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act (including the cases of indecent acts by force on June 13, 2020), and the choice of imprisonment with prison labor

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the following favorable circumstances):

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

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 a notification order, 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 Defendant shall be prevented from repeating a crime to a certain extent only by registering personal information and taking lectures to treat sexual assault against the Defendant).

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