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(영문) 인천지방법원 2014.11.21 2014고합558

강제추행치상

Text

A defendant shall be punished by imprisonment for not less than two years and six 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

At around 13:00 on April 21, 2014, the Defendant visited the gathering of the victim C (n, 21 years of age) who was known to him/her at around 13:00, and became aware that he/she is married with the victim after having visited the gathering of the victim in Nam-gu Incheon Metropolitan City D, and became aware that he/she was married with the victim, he/she met the chest of the victim on one occasion by his/her own his/her own hand, and the victim playing his/her play resisted against the Defendant’s hand, and caused the victim’s knife with his/her hand, and caused the victim’s injury, such as the damage of saf in detail, which requires the victim’s treatment for about two weeks, by taking on two occasions the face of the victim by drinking.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. Determination on the assertion of the defendant and his/her defense counsel

1. The summary of the assertion is that the crime of indecent act by compulsion was committed after the victim committed the crime of indecent act by compulsion, as indicated in the reasoning of the lower judgment. Therefore, the rate of injury by indecent act by compulsion cannot be calculated on the ground that there is no causal link between the crime of indecent act by compulsion and the

2. Determination:

(a) In the crime of bodily injury by indecent act by indecent act, the result of the indecent act by indecent act includes the act of assault or indecent act used as a means of indecent act by indecent act, or the act resulting from such act;

B. (Supreme Court Decision 2009Do1934 Decided July 23, 2009, etc.).

According to the above evidence, as stated in the judgment, the defendant's chest was sent to the victim's chest at one time, and the victim's fingers the defendant's fingers in the process of covering the victim's fingers, it can be acknowledged that the defendant took the victim's fingers, and took the victim's face twice. According to such facts, the victim's wife inflicted on the victim appears to have been caused by the victim's indecent act by causing the victim's in the course of avoiding the defendant's indecent act by force. Thus, the injury caused by indecent act by force constitutes injury to the victim.

C. Therefore, we cannot accept the above argument of the defendant and his defense counsel.

The laws and regulations;