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(영문) 인천지방법원 2018.05.23 2017고단9139

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 a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, “2017 Highest 9139,” without a given residence, is between a person who, without a given residence, takes a know at a park, moves his house and lives together in the park, and a victim C (the age of 68) runs a DNA park, and only two faces each other.

On November 106, 2017, the Defendant discovered the victim who drinks together with sprinkers in D Park, Nam-gu, Incheon, Nam-gu, Incheon, and committed an indecent act by force against the victim, such as “I am bad, hick,” and forced the victim to enter the victim, and continuing to put the victim’s knick with the victim’s knife with the knife with the victim’s knife with the knife.

2. On October 22, 2017, the Defendant: (a) 16:20 on October 22, 2017, 2017, the Defendant: (b) destroyed the window 201 on the market price of the victim G owned by the victim without any justifiable reason, she was drunk from the front side of the F building of the Nam-gu Incheon Metropolitan City, Nam-gu.

3. 『2018 고단 984』 피고인은 2017. 12. 14. 17:00 경 인천 남동구 H에 있는 피해자 I 이 직원으로 근무하는 'J' 식당에서, 대금을 지급할 의사나 능력이 없음에도 마치 대금을 지급할 것 같은 태도를 보이며 꼼장어 등을 주문하여 이에 속은 피해 자로부터 합계 107,000원 상당의 음식을 제공받았다.

Summary of Evidence

No. 1 of the Judgment

1. Statement of the defendant in the first trial record;

1. Statement made by the police against C;

1. The K's statement;

1. Two crimes that are contained in a report on investigation (or investigation of a witness);

1. Statement of the defendant in the second public trial records;

1. G statements;

1. Three crimes concerning the determination of damaged objects of pictures;

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. A report on investigation;

1. Application of the receipt statute

1. Relevant Article 298 of the Criminal Act concerning the crime, the choice of punishment (the point of forced indecent act, the choice of imprisonment), Article 366 of the Criminal Act, and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment)

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 (the largest punishment) of the Criminal Act for the aggravation of concurrent crimes.