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(영문) 의정부지방법원 2014.04.07 2013고단4508

강제추행

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Around 00:40 on November 13, 2013, the Defendant: (a) at D’s main points located in Jung-si, the Government of the Republic of Korea, around 00:40, the Defendant: (b) deemed that the victim was in a toilet after approximately two minutes of the amount of time when the victim was under drinking together with E and E’s female-friendly job offers victim F (the age of 51), and (c) held a toilet that was not corrected between the victim’s frighting and reporting panty panty, and controlled the victim’s resistance by force, and the victim’s frighting and frighting the victim’s resistance to his hand, and continuously frightened the victim’s escape from the toilet. (d) said, the Defendant frighted the victim with his son’s clothes, and frightd the victim’s breast by inserting his son.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A written statement of the victim;

1. Stenographic records;

1. Application of Acts and subordinate statutes to investigation reports (field photographs);

1. Relevant legal provisions concerning criminal facts, the choice of punishment under Article 298 of the Criminal Act and the choice of imprisonment;

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

1. Probation, community service order, and lecture attendance order under Article 62-2 of the Criminal Act, Article 16(2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes [decision of type] The general standard of sexual crime and indecent act by compulsion [decision of the age of 13] The basic area [decision of the recommended area] 6-2 years [the scope of recommendation] ] the basic area / 6-2 years [general prison term / the mitigated element : serious reflect [whether or not the suspension of execution is suspended] - general participation - general participation / reflect of any contingent crime committed without any criminal record of the suspension of execution or more / sentenced to probation / sentenced to suspended sentence 2 years in October / probation 10, probation 200 hours, community service and 40 hours, and personal information registered as personal information. Thus, this judgment becomes final and conclusive.