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(영문) 창원지방법원 진주지원 2019.05.23 2019고단232

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

At around 01:30 on February 11, 2019, the Defendant: (a) discovered the victim D (W, 19 years of age) in front of “C” located in Jinju-si, Jinju-si; (b) anticipated that the victim will move out of the front way of Jinju-si E Apartment Fdong; and (c) was waiting for the victim to move out of the victim’s sexual organ at around 01:35, the Defendant forced the victim to take off the victim’s sexual organ; and (d) brought the victim to the back of the damage.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement concerning D;

1. 112 Report List, investigation report, internal investigation report (as to the identification of the same line that the suspect has caused the crime), suspect selection map, CCTV image file CD, investigation report (as to the suspect's use of the victim after the crime), investigation report [the defendant and his defense counsel asserted that there is no fact that the defendant has brought the victim behind (the defendant and his defense counsel stated that he had the victim come up before the victim at the time of investigation by the prosecution) but the victim stated that he had the victim come up with the victim's sexual organ before and after the investigation by the police, he had the victim come up with the victim's sexual organ before and after the criminal investigation by the police, detailed descriptions of the crime committed by the defendant in the police investigation after the criminal investigation by the defendant, and whether the defendant committed the crime after the defendant committed the crime before the victim does not seem to be capable of memory accurately by the fact that the victim does not apply to the above argument by the defendant's side].

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. Punishment, etc. of orders to attend lectures or sexual assault crimes on probation;