beta
(영문) 제주지방법원 2014.02.12 2013고단1614

강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

At around 23:10 on September 25, 2013, the Defendant: at the 'E' point of the Victim D (IS, 49 years old) operation in Jeju, the Defendant was able to bring about a sexual desire for the victim during drinking, and she was able to look back the victim’s breast at the victim’s clothes above the victim’s clothes while drinking, and followed the victim’s breast by putting his hand into the boom.

Despite the victim's intention of refusal explicitly expressed that the victim does not want to do so, "....." or "non-fash...", the victim forced the victim to commit an indecent act by continuously putting his hand under the fash of the victim, putting him into the part of the victim, cutting down the defendant's sexual organ, cutting down the defendant's sexual organ into his hands, and bathing the victim's chest by other hand, and bathing the victim's chest, "the victim cannot do so, bath, d..", "the victim bath, fath, d.", bath of the victim, bath of the victim, bath of the victim's chest, bath of the victim, bath of the victim's breast, bath of the victim's finger, and bath of the victim's finger, and bath of the victim's part, as it is on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of the Act and subordinate statutes to a request for appraisal (not more than 128 pages);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

1. The sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Attend shall be selected by means of imprisonment in consideration of the degree of indecent conduct committed by the instant crime and the degree of sexual humiliation of the victim caused thereby;

However, the fact that the defendant has no criminal records of the same kind, that the victim does not want the punishment of the defendant by mutual consent with the victim, that confessions of the case and reflects it, and that the victim is prior to the case.