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(영문) 인천지방법원 2019.02.15 2018고정2419

강제추행등

Text

The sentence of sentence against the defendant shall be suspended.

Of the facts charged of this case, the prosecution against assault is dismissed.

Reasons

Punishment of the crime

The Defendant and the victim B (the age of 23) are as follows: (a) around February 15, 2018, at the main point of “C” located in Bupyeong-gu Incheon Metropolitan City Bupyeong-gu and drink and become aware of each other.

On February 15, 2018, at around 05:50 on February 15, 2018, the Defendant, at the main point of “E” located in Bupyeong-gu Incheon Bupyeong-gu, Incheon, immediately after assaulting the victim, she was able to take the elevator from the above main corridor to escape from the victim, and she was forced to commit an indecent act against the victim, and she gets the victim's body from the following side of the victim's own arms.

Since then, the defendant, who was suffering from a ppuri, tried to bring about about about 10 minutes of the body of the victim to the victim's own arms in the top of the victim.

As a result, the defendant forced the victim to commit an indecent act.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Protocol of the police statement concerning B;

1. A investigative report (STV image verification);

1. Application of Acts and subordinate statutes to a report on investigation (examination of the establishment of indecent acts by compulsion);

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

1. A fine of two million won to be suspended;

1. Articles 70(1) and 69(2) of the Criminal Act (100,00 won per day) of the Criminal Act for the inducement of a workhouse;

1. The rejection of prosecution pursuant to Article 59(1) of the Criminal Act (in light of the process until the victim becomes sparingly disabled persons, it is difficult to see that the defendant was sexually disabled persons, the content and degree of indecent act is relatively minor, the victim does not want the punishment of the defendant, and the primary crime is considered)

1. On February 15, 2018, the Defendant, at the main point of “E” located in Bupyeong-gu Incheon, Bupyeong-gu, Incheon on February 15, 2018, drinked with the victim and his/her driver F, and told F to “I wish to see why you want to do so,” and the victim’s face may be taken by hand during the punishment of Si expenses, and the victim goes beyond the floor, and walked with the victim’s body and bridge on several occasions.