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(영문) 수원지방법원 2016.05.19 2015고단4629

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a victim C (n, 21 years of age) and a post-university relationship.

On May 26, 2015, the Defendant proposed that the E University Students' Center of the E University located in G with the wife population of the GUAD around 23:40, and that the Defendant would drink with the victim and witness F (V, 24 years old) and stop in the East Asia.

The Defendant committed an indecent act by force against the victim, such as drinking him by reporting that he knows a witness F under the influence of alcohol in a state of water leakage on the floor, standing behind the victim to commit an indecent act, leaving the victim's pande, opening the bridge into the victim's panty line, opening the victim's hand into the victim's panty line, leaving the victim's hand, leaving the victim's hand, etc., refusing the victim's refusal to leave the drunk witness in the club, leaving the victim's breath, and driving the victim's chest with his hand, etc.

Summary of Evidence

1. The statement made by the witness C in the second public trial protocol (the credibility is recognized in light of the following: the act of the defendant, the situation before and after the crime, etc. are consistent and specific; the contents of the statement made by the witness are inconsistent with those of other evidence, such as the statement made by the defendant and the contents of the statement made by the defendant immediately after the crime; the injured party at the risk of sexual humiliation and without any reason to dismiss the defendant);

1. Application of Acts and subordinate statutes in which the statement of witness F is entered in the second public trial protocol;

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 suspended execution;

1. The community service order under Article 62-2 of the Criminal Act;

1. In light of the content and method of the instant crime and the circumstances before and after the instant crime on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the Defendant need to be strictly punished when considering the following factors: (a) the Defendant was unable to receive a letter from the injured party until now.

However, it is considered that the defendant is a first offender in favor of him.