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(영문) 부산지방법원 2017.11.15 2017고단4345

강제추행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 31, 2017, around 16:40 on May 31, 2017, the Defendant got involved in the bus stops located in Suwon-gu, Busan, and went to the left side of the victim D (the age of 20) and was able to commit an indecent act.

Therefore, the Defendant, by hand, kid on the victim’s left door, kid on the victim’s left hand and left hand, kidd on the victim’s hand, and rhyd on the victim’s humbbbbbbs, and continued to “the victim is a male-friendly room;

Haba Haba Haba;

The victim's buckbucks by hand were stored in the victim's buckbucks. The victim's bucks were stored in the victim's bucks.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Application of each investigation report (on-site situations, etc.) (a) to the effect that the Defendant did not have any contact with the victim’s body; however, according to consistent statements from the victim’s investigative agency to the court, it can be sufficiently recognized, and thus, the Defendant’s assertion is not accepted)

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for the sentencing of Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes committed against the Order to Attend [Scope of Recommendation] No (Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes (Article 16(2) of the Act on the Punishment, etc. of Sexual Crimes No. 13 or 2) exists (Article 13 or 13 or more) in the basic area (Article 1 of the Act on the Punishment, etc. of Indecent Acts (Article 13 or more). [Decision on the sentence] A defendant has a history of being sentenced to the suspension of indictment for the same kind of crime, and does not have any attitude against the crime. The victim is punished by the defendant.