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(영문) 서울동부지방법원 2019.06.14 2018고합378
강제추행치상
Text

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

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

Reasons

Punishment of the crime

On June 20, 2018, at around 04:14, the Defendant discovered the victim D (name, leisure, 22 years old) who gets mixed while getting off and getting off the c convenience store located in Songpa-gu Seoul, and parked the cream near the convenience store, and then caused the victim to have his knife his knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made to D by the police;

1. Written statements of D;

1. A report on internal investigation (verification of a victim's mobile line), report on internal investigation (verification of a suspect's mobile line), report on internal investigation (verification of a suspect's mobile line), report on internal investigation (verification of a suspect's CCTV-1), report on internal investigation (based on CCTV tracking-2), report on internal investigation (based on CCTV tracking-3), report on internal investigation (based on CCTV tracking-4) and report on internal investigation (based on CCTV tracking of a suspected suspect);

1. Application of Acts and subordinate statutes to investigation reports (Attachment to the production of CDs), investigation reports (Attachment to the F card re-examination);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Articles 47 (1) and 49 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and Articles 49 (1) 2 and 50 (1) 2 of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Determination on the assertion by the Defendant and the defense counsel under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (amended by Act No. 15452, Mar. 13, 2018)

1. The summary of the argument is only the same with the victim, and the defendant did not commit an indecent act against the victim.

2. In full view of the following circumstances revealed by the evidence revealed earlier, the victim’s statement is specific.

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