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(영문) 대전지방법원 논산지원 2021.01.12 2020고단413
강제추행등
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Public performance and obscenity;

A. On September 30, 2019, around 11:00 on September 30, 2019, the Defendant recommended the victim B (the victim B (the victim B, who was waiting for the bus, 78 years of age) to leave his/her vehicle at the bus stop located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, to move to his/her destination, and to leave his/her vehicle. The victim “whether the inside is why the inside would be why the inside.”

"At the same time, the author rejected it, and at the same time shows his or her conscience as the victim is different from others.

Accordingly, the Defendant publicly committed an obscene act.

B. On September 30, 2019, the Defendant committed a crime against the victim D, where he is different from the victim D (a name, leisure, age 51) waiting for the bus at the urban bus stop located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do around 12:00;

As the victim refuses to see her hand while her hand is shaking, the victim sent her sexual organ behind the bus stop and recommended the victim to deviate from her own vehicle after leaving her sexual organ in the rear of the bus stop.

Accordingly, the Defendant publicly committed an obscene act.

2. The Defendant forced indecent act: (a) at the time, time, and place described in paragraph 1-B; (b) the victim D (the victim’s life, fluor, 51 years of age) sent his or her sexual organ to the victim; and (b) recommended the victim to escape from the vehicle; (c) the victim expressed his or her intention of refusal; (d) led the victim to the victim’s right hand to board the vehicle.

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

Summary of Evidence

1. Each police statement made by the defendant in relation to B, D, F, and G, the legal statement of the defendant;

1. Application of statutes on site photographs;

1. Article 245 of the Criminal Act, Article 298 of the Criminal Act, the former part of Article 37 of the Criminal Act, the former part of Article 38, Article 38 (1) 2, and Article 50 of the Criminal Act, the increase of concurrent crimes of imprisonment with labor for each type of crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act, observation of protection under Article 62-2 of the Criminal Act;

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

1. An order to restrict employment;

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