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(영문) 대전지방법원 2020.11.26 2020고단2778
강제추행등
Text

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

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 02:12 on May 8, 2020, the Defendant: (a) followed the victim D (a) who gets a way on the crosswalk in front of the building of the “C” hospital in Seo-gu Daejeon, Seo-gu, Daejeon (hereinafter “C”), followed by the victim’s own hand, committed an indecent act by force against the victim, since the victim’s left her macks.

On June 13, 2020, the Defendant found that the victim F apartment in Seo-gu Daejeon, Seo-gu, Daejeon, had a view to early 04:17, in front of the apartment of the victim F, the Defendant infringed on the victim’s residence by putting up the screen and windows of the air conditioner, following the process of the air conditioner, and the air conditioner network and windows.

Summary of Evidence

"200 Highest 2778"

1. Defendant's legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made by the police in relation to D;

1. Photographs, CDs;

1. Reporting on the arrest of a suspect, such as indecent act by compulsion, internal investigation report, investigation report (or investigation of a suspect-friendly G phone) and investigation report (Attachment to the contents of 112 reported by the victim) by the defendant's statement in the court room of 2020No3275, the statement F of the police suspect interrogation report by the defendant concerning the defendant in the statement in the court room of 2020No3275, the report on the handling of the reported case, on-site photographs, on-site CCTV residence intrusion report, the investigation report on the crime of intrusion upon residence, and the application of statutes

1. Relevant legal provisions concerning criminal facts, Article 298 of the Criminal Act concerning the choice of punishment, Article 319 (1) of the Criminal Act and the choice of imprisonment with labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Probation under Article 62 (1) of the Criminal Act; Article 62-2 of the Criminal Act; the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019), the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the Welfare of Disabled Persons Act.

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