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(영문) 수원지방법원 2018.12.13 2018고단1968
강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

"2018 Highest 1968"

1. 피고인은 2017. 12. 24. 04:00 경 수원시 팔달구 D에 있는 ‘E’ 식당 내에서, 그곳 테이블을 정리하고 있던 피해자 F( 여, 36세) 의 왼쪽 엉덩이를 손바닥으로 1회 툭 치는 방법으로 만져 피해자를 강제로 추행하였다.

"2018 Highest 4755"

2. On May 24, 2018, the Defendant used the convenience store operated by the Victim H (35 taxes) in Suwon-si G in Suwon-si on May 24, 2018, and used the victim with the Defendant’s arms to cover the neck of the victim, and assaulted the victim by using the Defendant’s arms.

Summary of Evidence

"2018 Highest 1968"

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. CCTV video recorded CDs " 2018 Highest 4755";

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A damaged photograph;

1. Application of the Act and subordinate statutes to a criminal investigation report (including the cutting of CCTV images related to a crime) and a criminal investigation report (CCTV images);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated for concurrent crimes with heavier compulsory indecent crimes, but the maximum term of the punishment shall not exceed the aggregate of the maximum term of two crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The provisions of Article 62-2 of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of Sexual Crimes, the main sentence of Article 16 (2), the main sentence of Article 16 (3), and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. If a conviction on the crime of indecent act among the crimes in the instant case subject to the registration and submission of personal information under Article 56(1) main sentence of Article 56(1) and Article 3 of the Addenda of the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15352, Jan. 16, 2018), becomes final and conclusive, the Defendant becomes a person subject to registration of personal information under Article 42(1) main sentence of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and is subject to Article 43 of the same

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