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(영문) 부산지방법원 2017.11.17 2017고합456

강제추행등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

1. On July 26, 2017, the Defendant forced indecent act: (a) around 03:20, the Defendant committed an indecent act with the name of the victim F (19 taxes, women) who is a part-time student of the “E” restaurant run by the Defendant in front of the instant singing room located in Busan Young-gu, Busan, and committed an indecent act by forceing the victim by putting the victim on the side of the victim with his/her hand, putting him/her on a way that he/she takes the way to drink, such as the victim F (19 taxes, women, etc.).

2. The defendant attempted rape at around 04:00 on the same day, the victim was forced to get out of the telecom, "I will get out of the telecom" and "I will get out of the telecom," and tried to get off the victim's arms in the above 613 room, and then resist and resist the victim's arms to the be laid off towards the bend of the victim's body by getting out of the bend inside the bend in the bend of the victim's arms within the above 613 room. "I will prevent the victim from getting out of the bend of the end of the year." The victim from getting out of the bend of the hand floor three times per year, with the victim's breath of the resistance, and tried to get out of the bend of the victim's arms by cutting the victim's her arms above, and to get out of the bend of the victim's inner part, and let the victim's chest back into the bend of the inner part, and let the victim's chest into the inner part.

In other words, even though the victim tried to rape with a negative part, the victim did not have the intent to commit it with the wind to resist with the sloping ness and to resist with the strong resistance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. The victim's body photograph and response to a request for appraisal;

1. Application of Acts and subordinate statutes to each investigation report (including the list of evidence Nos. 10, 11, and accompanying materials);

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act (the point of compulsory indecent act, the choice of imprisonment), Articles 300 and 297 (the point of attempted rape) of the Criminal Act concerning the crime;

1. Reduction of an attempted punishment: Article 25(2) and Article 55(1)3 of the Criminal Act (limited to an attempted rape);

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act (the punishment shall be heavier).