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(영문) 서울동부지방법원 2020.12.10 2020고단2842
강제추행등
Text

A defendant shall be punished by imprisonment for six 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

The defendant is not aware of the victims.

1. On June 22, 2020, the Defendant, while drinking alcohol at the “C” restaurant of Songpa-gu Seoul, Songpa-gu B and 1st floor on June 23:38, 2020, the Defendant met the victim D (the victim D, 22 years old) following the Defendant’s Defendant, who was seated along with the table table, and continued to put the victim’s knife into the victim’s knife and the victim’s knife.

Accordingly, the defendant committed indecent acts against the victim.

2. The Defendant, on the same date, time, place as described in the above paragraph (1), and on the act mentioned in the above paragraph (1), the victim E (the age of 22) who was a criminal act mentioned in the above paragraph (1), stated that he was “Is the age of 22,” and she expressed the victim’s desire to do so, and when the victim’s left her drinking her, took one time at the time.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Application of the Acts and subordinate statutes on CCTV images CDs to the defendant's legal statement D or E;

1. Relevant Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under the main sentence of Article 16 (2) and Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against community service order

1. One month to twelve years from the imprisonment with prison labor within the applicable range;

2. Basic crime within the range of recommended punishment according to the sentencing guidelines: The basic area of crimes of indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act (subject to the age of 13 or more) is that there is no increased or mitigated element [the scope of recommending punishment]. The basic area of crimes of concurrent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act by indecent act

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