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(영문) 의정부지방법원 2018.11.30 2018고단3598

강제추행

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 19, 2018, from around 17:30 to around 18:20, the Defendant: (a) inside the city bus operated in the direction of E located in C, located in C, located in C, located in B, in the same direction as that located in D, and (b) seated above the victim (as such, 17 years old) who was seated in the seat, and forced the victim to leave the buckbucks, sound, and chests, thereby committing an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police on the police;

1. The defendant and his defense counsel asserted that the defendant did not use violence or intimidation to the extent that he could make it difficult to resist the victim's resistance, and that the defendant's act cannot be viewed as an indecent act by force. Thus, the crime of forced indecent act is not established.

The crime of indecent act by murder or coercion includes not only cases where the other party commits an indecent act after making it difficult to resist by assault or intimidation but also cases where the body of the person who commits assault is deemed to be an indecent act. In this case, inasmuch as the use of force against the other party’s will is not necessarily required to suppress the other party’s intent, and as long as the exercise of force against the other party’s will is against the other party’s will, the Defendant’s act of constant delivery of buckbucks, foods, chests, etc. of the victim first to be regarded as an indecent act infringing on the victim’s sexual freedom. Thus, the crime of indecent act is established since the Defendant’s act of assault is an indecent act committed against the victim’s will.

Application of Statutes

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Where a conviction becomes final and conclusive on the facts constituting an offense indicated in the judgment on the registration of personal information under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, the accused shall be a sexual crime.