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(영문) 수원지방법원 2021.02.25 2020고단6755
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (the name, leisure, the age of 19) are all people who have been on board the bus.

1. 2020. 6. 13. 자 강제 추행 피고인은 2020. 6. 13. 06:33 ~07 :12 경 서울 서초구 남부 순환로 2585 소재 양재역에서 C 버스에 탑승하여 수원시 팔달구 D 소재 E 대학교 입구 방면으로 가 던 중, 피해자의 옆 좌석에 앉아 갑자기 머리를 피해 자의 어깨에 기대고, 피해자에게 강제로 팔짱을 꼈으며, 피해자의 손을 강제로 끌어당겨 피고인의 성기에 닿게 하고, 피해자의 어깨를 끌어당겨 피해자를 껴안으며 피해자의 상체를 피고인의 허벅지 위로 강제로 눕혔다.

2. On June 20, 2020, the Defendant committed an indecent act by force on June 20, 2020: (a) around 01:59-02:51, on June 20, 2020, was on board C buses in the Gangnamnam Station located in Gangnam-gu, Gangnam-gu, Seoul, and was in the bank of the Suwon bus Terminal located in the area of 396, and was at the seat of the victim 270 as the seat of the river terminal located in Suwon-gu, Gangnam-gu, Gangnam-gu, Seoul, and expected the victim's own head to be damaged; (b) was able to write down the victim's buckbuck; (c) rhumping the victim's lebbbbbbbbbs; and (d) rown the victim's son's son by forcing the victim's hand into contact with the Defendant's sexual flag; and (d) was forced to use the victim's son's hand.

Accordingly, the defendant forcedly committed each indecent act against the victim.

Summary of Evidence

1. Each statement prepared by the defendant before his court;

1. Application of the Act and subordinate statutes to cover booms images, to take on-site photographs, and to report each investigation (Evidence List 5, 64);

1. Relevant provisions of the Criminal Act and Article 298 of the Criminal Act concerning the selection of punishment;

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 suspended execution;

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 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or a notification order;

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