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(영문) 서울서부지방법원 2020.02.12 2019고단3169
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

On March 7, 2018, at around 05:51, the Defendant: (a) moved to a dormitory in the vicinity of “C” in Mapo-gu Seoul, a male-gu and a male-gu, and followed the victim D (the age of 22 at that time) who was moving to a dormitory; (b) between 05:57 and 06:01 on the same day, the Defendant prevented the victim from suffering one hand from the alleyway located in Mapo-gu Seoul, Mapo-gu; and (c) was able to keep the breast part of the chest from the other hand; and (d) led the victim to the parking lot adjacent to the alley-ro, and the victim resisted and resisted.

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

Summary of Evidence

1. Each legal statement of witness D and F;

1. Examination protocol of the accused by prosecution;

1. Each police interrogation protocol against the accused;

1. The police statement of the defendant;

1. Each police statement concerning D;

1. Police suspect interrogation protocol regarding F;

1. Police statements prepared in connection with D;

1. A criminal investigation report (including photographs and telephone records attached to the analysis of suspect mobile siren results, such as criminal identification procedures and statement of suspect's appearance);

1. Photographss of F, such as external dose, F’s telegraph photograph, telephone record, deposit details, A telegraphic photograph, A new photograph, and A photograph on the day of the incident;

1. Application of the Acts and subordinate statutes governing the gathering of private CCTV, victim's non-defluorial recording files, and video CDs for the improvement of chemical quality;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

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

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 (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); Article 59-3(1) of the Welfare of Disabled Persons Act

1. The Defendant alleged at the time of the instant case.

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