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(영문) 부산지방법원서부지원 2020.09.11 2020고단1660
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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. Any foreigner who violates the Immigration Control Act may sojourn in Korea within the limits of his/her sojourn status and period of sojourn;

On January 22, 2015, the Defendant, who entered the Republic of Korea with the status of stay in the Tourist Department (B2), stayed in the Republic of China after February 21, 2015.

2. On July 12, 2020, the Defendant: (a) around 21:35 on July 12, 2020, at around the “C” cosmetics sale stores located in Busan Shodong-gu, Busan (hereinafter “C”); and (b) on the victim D (the victim, who was reporting on a mobile phone, the age of 23) the Defendant met with the victim’s own hand, as if he had a kn

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the statement by the police on D (in the field, such as the confirmation of CCTV, etc.), CCTV closure photographs, CCTV image CD investigation report (in the course of inquiry into the additional immigration control office), investigation report (in the case of a suspect's short-term stay foreigner information attached) (in the case of a short-term stay foreigner

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act, Article 94 subparagraph 7 of the Immigration Control Act and Article 17 (1) of the Immigration Control Act (the point of sojourn after the expiration of the period of stay), 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. The crime of this case on the grounds of sentencing under Article 62(1) of the Criminal Act is serious as the defendant continues to serve in force despite the expiration of the period of stay.

The victim was not able to receive any conviction from the victim.

However, the defendant confessions each of the crimes of this case, and appears to have an opportunity to reflect during the period of detention, and there is no record of criminal punishment in the Republic of Korea.

When this judgment becomes final and conclusive, it is expected that it will be forced to proceed overseas.

In addition, the defendant's age, the motive and consequence of the crime, and the circumstances after the crime, etc., all the conditions of the arguments and the records of the case are shown.

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