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(영문) 의정부지방법원 2017.09.25 2017고단3558
강제추행등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. At around 23:50 on June 11, 2017, the Defendant forced indecent act: (a) the victim D, who was seated next to the bus C, kiddd in the 2539 mountain basin, operated at the 1356 Mad-ro 1356 Mad-ro Mad-ro Mad-ro 1356, the peace-ro 2539, was faced with the victim’s breast part; (b) the victim’s breast part was flud by hand; and (c) the victim was fludable with the victim’s breath while he was fluding.

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

2. Around 00:02 on June 12, 2017, the Defendant arrested and detained the victim, leading the victim’s left arms in the bus, and let the victim get off from the bus at the F Station E located in Dongbcheon-si, Dongbcheon-si, and, after getting off from the bus, the Defendant got the victim unable to escape for about 10 minutes, such as bringing the victim’s head debt up by hand.

Accordingly, the defendant arrested the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Entry of damaged photographs, data on external CCTV images, and data on CCTV images in buses, and the application of statutes on images;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 276 (1) of the Criminal Act, and the choice of imprisonment with prison labor, respectively;

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 the punishment heavier than that of compulsory indecent crimes);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The proviso to Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to attend a course (in consideration of the fact that the defendant is a foreigner and the order to attend a course

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure and notification orders, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (the Defendant’s age, occupation, risk of recidivism, and the instant case.

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