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(영문) 수원지방법원 2016.02.04 2015고단5054

강제추행

Text

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

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

Reasons

Punishment of the crime

[criminal history] On November 15, 2012, the Defendant was sentenced to 10 months of imprisonment with prison labor for an injury at the Suwon Friwon, and completed the execution of the above punishment on November 15, 2013.

[2] On October 9, 2015, at around 10:00, the Defendant committed an indecent act by force against the victim, such as drinking alcohol together with the victim D (at around 49 years old), who is a neighboring resident, at the dwelling room of the Defendant at Suwon-si, Suwon-si, and 303, and drinking alcohol with the victim D (at around 10:0, 49 years old). The Defendant, by hand, tried to have the victim take the chest of the victim’s chest on the clothes, she was able to write the refused victim on the floor, she was able to see the body of the victim on the floor, and she was able to get off the victim’s part on the part of the drinking part of the victim’s body on the clothes.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. On-site photographs;

1. Previous convictions in judgment: (A) a response to inquiry, such as criminal history, report on investigation (prior convictions for repeated crimes), personal identification and acceptance status, application of statutes of the judgment;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The Defendant and the defense counsel on the issue of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Committed to order to complete program, asserts that the victim, first of all, thought the victim's bucks and sexual organs were cruel, and the victim was only aware of the victim's chest and negative part, and that there was no indecent act by force against the victim by using violence against the victim as stated in its reasoning.

Although the victim made a consistent statement on the part of the victim's assault and prosecution, details of the report, uniforms at the time of the victim, etc., the victim at the time expressed his/her intent to refuse to act by the defendant at the site of the case, and the defendant also recognized that there was a dispute with the victim at the site of the case, and due to the instant case, the defendant was flaging and flaging the selling of the flag (Evidence No. 14, 24 of the evidence record).