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(영문) 인천지방법원 2015.12.22 2014고단7386

강제추행

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant became aware that he/she went to the head of the Dong-gu Incheon Metropolitan City where he/she is a victim D (at 26 years of age) and went to the head of the Dong-gu, Incheon.

On September 5, 2014, the defendant found in the head of the family where the victim is working and drinks alcoholic beverages, and suggested that the victim was approaching the victim and drinks alcoholic beverages together, and drinks alcoholic beverages in nearby areas.

On September 5, 2014, at around 05:00, the Defendant continued to go back to the victim who returned home to the end of the drinking house business, and the victim suggested that the victim was more defective by entering a boomed house in the nearest bank and doing so.

At around 06:30 on the same day, the Defendant started to drive back the victim's back again due to the defect in returning home, and the victim was able to sustain the victim's own face, face, neck, etc. on the ground that the victim was the victim's toilet in the first floor of the neighboring building.

Although the Defendant: (a) stated that the Defendant was tightly aware of the Defendant’s body and called “a sex offense even though he does not want to do so,” the Defendant: (b) took the victim’s neck by left hand; (c) took the victim’s resistance into his clothes; and (d) took her chest into the victim’s clothes; (c) took the victim’s kis and her chest into force, and committed an indecent act by force against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. D's legal statement;

1. The written statement by the police about D (the defendant denies the crime, but according to the above evidence, it does not have any circumstance to deem that D, the victim of the crime, made a concrete and consistent statement about the circumstances during which the crime was committed from the police investigation stage to the present court, and there is no other reason to deem that D, the victim of the crime, made a false statement. Accordingly, since such written statement and the written statement by the police are sufficiently reliable, the crime of crime

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;