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(영문) 부산지방법원 2019.02.20 2018고단4319

강제추행

Text

1. The defendant shall be punished by imprisonment with prison labor for eight months;

2.Provided, That the above sentence shall be executed for two years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On March 4, 2018, around 06:40 on March 4, 2018, the Defendant reported that the victim D (here, 28 years of age) was sitting on the floor under the influence of alcohol in front of the C Bank located in Busan, Busan, and that the victim will come to the telecom, and that the victim would move to the Busan, Busan, Eurbel Felho, and that the chest of the victim was her chest even though the victim expressed his intention of refusal.

The facts charged also include the part that the defendant keyed to the victim, but it is difficult to view that this part is sufficiently proven to the extent that there is no reasonable doubt, and it does not include the facts charged.

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

Summary of Evidence

1. Each legal statement of witness D and G;

2. Part of the prosecutor's office and police interrogation protocol of the defendant

3. Each police statement about D and G;

4. The image of each text message.

5. Application of statutes on closed-circuit television (CCTV) video products stored in the CD;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

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

3. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

4. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Disclosure of Registered Information and the Punishment, etc. of Sexual Crimes Exempt from the Employment Restriction Order, the proviso to Article 49(1), the proviso to Article 50(1), the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the proviso to Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse are deemed to have committed the instant crime in a contingent and shock manner with drinking, the fact that there is no history of punishment for sex crimes or other crimes, the fact that the young who reached the age of 23 is expected to be likely to improve his/her personality and behavior in the future, and other various circumstances revealed in the records, such as the character, conduct, occupation, environment