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(영문) 수원지방법원 안양지원 2019.06.26 2019고단869
강제추행
Text

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

However, 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. On June 22, 2018, around 00:20 on June 22, 2018, the Defendant committed an indecent act against the victim by forcing him/her by inserting the victim’s chests from the toilets in Gangnam-gu Seoul, where the victim D (n, 40 years of age) who provided meals together at the rest of the toilets in his/her business relationship or at the above main points (n, e.g., business relationship) in front of the toilets in Gangnam-gu Seoul Metropolitan Government, and by inserting his/her fingers into the victim’s inner part, by inserting his/her fingers into the victim’s fingers, and by inserting his/her fingers into the part of the

2. At around 01:30 on the same day, the Defendant committed an indecent act by force against the victim by breaking the victim who intends to return home with the wall, forcing the victim to do so, putting the victim into the inside of the victim’s hand, putting the victim’s chest into the victim’s chest, putting the victim’s hand into the victim’s knife and knife the victim’s knife and knife the knife.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, E, and F;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime, 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend education

1. Grounds 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 Welfare of Disabled Persons Act;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one month to 15 years;

2. Application of the sentencing criteria;

(a) Each element to reduce the punishment for the crimes of indecent act by compulsion (the determination of the type) of each sex crime (the general standard for the crimes of indecent act by compulsion (the persons aged 13 or older) and each element of reduction: The area of reduction [the area of recommendation and the scope of recommendation], each area of reduction of punishment, one month to one year (whether suspended of execution is suspended of execution], and each major reason for the commission of indecent act by compulsion: The amount of punishment for each main reason for the commission of indecent act by compulsion by compulsion by compulsion by compulsion by compulsion by compulsion by force;

(b) Scope of recommendations according to the standards for handling multiple crimes:

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