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(영문) 부산지방법원 동부지원 2019.09.18 2019고단785
강제추행등
Text

A defendant shall be punished by imprisonment with prison labor for up to 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

1. On January 29, 2019, the Defendant, at around 00:30, became aware of the victim D (n, 24 years of age) at the vicinity of the C University located in Busannam-gu, Busan, by force, was at the front parking lot of the building in the Nam-gu, Busan, Busan, around 02:45 on the same day.

The Defendant stated that “one kis only one kisk defect,” and kisk of the victim, and kisk of the victim, followed the victim who was suffering from the above E underground stairs, kisk of the victim, and kisk of the victim, and kisk of the victim.

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

2. Around 02:50 on January 29, 2019, the Defendant injured the victim who tried to flee by avoiding the Defendant from the underground stairs E as indicated in paragraph (1), and the victim had the victim go beyond the victim from the stairs, while having the victim go beyond the stairs, and suffered injury, such as salt, tension, etc. in the other parts requiring treatment for about two weeks, by causing the victim to go beyond the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes to an injury diagnosis report, investigation report (as to the F of reference witnesses), investigation report (as to the filing of a transcript of the prosecution record), recording records, investigation report (as to the recording record and the filing of recorded CDs);

1. Articles 298 and 298 of the Criminal Act, Articles 262, 260 (1), and 257 (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, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

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

1. Circumstances unfavorable to the reasons for sentencing under the main sentence of Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, Article 2 of the Addenda to Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018), and the main sentence of Article 59-3(1) of the Act on Welfare of Persons with Disabilities: In addition to the statements made by the victim, the Defendant is the defendant.

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