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(영문) 인천지방법원 2017.06.14 2017고단3133

강제추행등

Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete a sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

1. On April 4, 2017, around 01:45, the Defendant forced indecent act: (a) was under the influence of alcohol in front of the operation of the establishment of the database in the Nam-gu Incheon Metropolitan City; (b) discovered the victim E (e.g., 25 years of age) who entered the adjacent alley, and entered the said alley to the victim.

피고 인은 위 골목길에서 쭈그리고 앉아 구토를 하고 있던 피해자의 뒤로 다가가 무릎으로 피해자의 오른쪽 관자놀이 부분을 3회 차 반항하지 못하게 한 후 바닥에 주저앉은 피해자의 상의 안으로 손을 넣어 피해자의 가슴을 쓰다듬듯이 만지고, 피해자가 옆으로 등을 돌린 후 바닥에 엎드리자 양팔로 피해자를 뒤에서 껴안은 다음 성기를 피해 자의 엉덩이 부분에 비벼 피해자를 추행하였다.

2. The Defendant: (a) stolen 400,000 U.S. market value, which was located far away from the floor immediately after the Defendant committed an indecent act against the victim at the time and place described in paragraph (1); and (b) stolen 60,000 flus with phones.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement protocol by the police for E;

1. 112 Statement of report;

1. Correspondence to a video analysis result;

1. A copy of medical records or a certificate of injury diagnosis (E);

1. F receipts, EB card replies and replies;

1. CCTV photographs, photographs of the upper part of the victim, on-site photographs, CCTV photographs around the suspect's residence, and photographs of the upper part of the victim;

1. Application of statutes to each investigation report (the result of warrant execution, presumption of a taxi on board a suspect, request for cooperation in business, etc.);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 329 of the Criminal Act, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Where a conviction against the accused is finalized on the criminal facts of forced indecent conduct in the judgment that constitutes a sex offense subject to registration and submission of personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order, the accused shall be punished by sexual crime.