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(영문) 대전지방법원 천안지원 2019.07.05 2019고단644
강제추행
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 27, 2018, the Defendant committed the crime: (a) around 03:00 to 06:00 on April 27, 2018, and (b) around 03:0 to 06:00, the Defendant continued to put his/her fingers into the inner clothes of the victim C (Ga name, f, 19 years old) and left his/her fingers and her breasts together with his/her fingers in order to keep him/her away.

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

2. On May 4, 2018, the Defendant: (a) around 03:00 to 06:00 on May 4, 2018, 201; (b) around 03:0 to 06:00, the Defendant: (c) carried a lock in Do-nam-gu, Chungcheongnam-gu; (d) placed his finger in the clothes of the said victim; (b) taken the finger into custody of the victim; and (c) caused the victim’s finger by taking the Defendant’s hand; and (d) prevented the Defendant’s grandchildren from taking the victim’s grandchildren out.

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

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes concerning police statements of victims;

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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 reasons for sentencing under Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant and the facts charged with each of the crimes of this case, which led to the occurrence of the victim, are not less vulnerable to the nature of the crime in light of the content of each of the crimes of this case and the mental impulse and a sense of sexual shame, which led to the occurrence of the victim. On the other hand, the Defendant led to the confession and rebuttal of each of the crimes of this case, gave a certain amount of money to the victim, there is no criminal record against the Defendant, and

If a conviction on the crime of this case to be registered and submitted becomes final and conclusive, the defendant is a person subject to registration of personal information under the main sentence of Article 42 (1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes.

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