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(영문) 창원지방법원 2019.07.24 2019고단1072
강제추행등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant shall be ordered to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. Indecent acts by compulsion;

A. On July 27, 2018, around 01:10 on July 27, 2018, the Defendant saw the victim (the victim (the victim is 22 years of age) who was walking along B around the window of Changwon-si, Changwon-si, and tried to use his own arms for the victim, and met the chest.

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

B. On December 23, 2018, around 00:45, the Defendant: (a) followed the victim (e.g., 21 years of age) in front of the D sales outlet C located in the window C of Changwon-si, Changwon-si; (b) and (c) followed the victim’s own hand, and (d) followed the victim’s her knb

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

2. On December 16, 2018, at around 19:25, the Defendant: (a) followed the victim (at the age of 23), who walked in front of the said building on the first floor of the E-building at the window in Changwon-si, Changwon-si; (b) went off the victim’s front, taken off his/her sexual organ in his/her hand, and her fingers his/her hand.

Accordingly, the Defendant publicly committed an obscene act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement;

1. A written statement;

1. Application of Acts and subordinate statutes to the 112 Report and handling table, and each report on internal investigation;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 245 of the Criminal Act, and the choice of imprisonment with prison labor;

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

1. The main sentence of Article 21 (2) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. 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. Circumstances favorable to the reasons for sentencing under 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 Act on Welfare of Persons with Disabilities: The Defendant committed the instant crime even though he/she had a record of having been sentenced to a suspended sentence of one year for April due to the crime of public performance and obscenity around May 2017; the Defendant’s crime of indecent act by compulsion was committed by himself/herself following an unspecified woman during the new wall hours.

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