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(영문) 수원지방법원 성남지원 2018.05.11 2017고단1388

강제추행

Text

A defendant shall be punished by imprisonment for four months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On February 5, 2017, the Defendant discovered that the Defendant was receiving water from the victim D (n, 20 years of age) who is an employee in the Gu of “A” located in Sinnam-si, Sinnam-si (hereinafter “C”), and committed an indecent act by force against the victim’s sexual organ 2-3 times to non-thunder.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. The defendant and his defense counsel asserted that the 112 reported case handling table (the defendant and his defense counsel did not commit an indecent act against the victim as stated in the judgment, although the defendant's body was friendly by the victim's body after the death of the victim at the time.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the statement of the witness D, the victim, is highly specific and consistent in important parts, ② the testimony of the witness E is consistent, ② the witness E is consistent, ③ the statement of the victim is consistent with the victim’s major part, ③ according to the statements of the victim and witness, the defendant’s witness E, a witness, other than the victim of the party-gu other women’s part-time E, in the case of the victim, who changed the defendant to play an indecent act.

In recognition of the fact that the victim was aware of his son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son

Considering that there is no extenuating circumstance, the above argument between the defendant and his defense counsel is without merit.

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

1. Taking into account the circumstances favorable to the defendant that there is no previous conviction in sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order.

However, the defendant is a party room.