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(영문) 의정부지방법원 고양지원 2012.08.24 2012고단719

준강제추행

Text

A defendant shall be punished by imprisonment for six 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

On May 12, 2012, from around 04:35 to around 04:42, the Defendant discovered the victim D (the age of 16) in the state of frighting, frighting to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright to fright the body of the victim,

Summary of Evidence

1. Each legal statement made by the witness D, E, or F;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of each police statement of D and E;

1. A written statement;

1. Application of CCTV-cape Acts and subordinate statutes;

1. Relevant Articles 299 and 298 of the Criminal Act concerning criminal facts, the choice of imprisonment

1. Article 62 (1) of the Criminal Act (General Conditions in favor of the reasons for the suspended sentence);

1. The defendant asserts that the judgment on the defendant's argument under Article 62-2 of the Social Service Order Criminal Act had a little physical contact with the victim by taking advantage of the victim's side, but there was no other act of indecent act such as the statement of criminal facts.

In light of the consistency of the investigation agencies and legal statements of Dop, D, E, and F, and the fact that the defendant stated the situation very specifically at the time, and the CCTV recycling result was unable to carry out the part of the victim around 04:35 on May 12, 2012, the defendant was unable to immediately refund to the victim at around 04:36 on the same day. On the same day, the fact that the defendant was again unable to take part in the victim at around 04:41 on the same day, and that the defendant was not able to take part in the victim at around 04:42:30 on the same day, and that the defendant did not seem to have committed such indecent act in light of the length of that time, the facts charged of the crime of this case can be recognized. Accordingly, the defendant's assertion is not accepted.

The reason for sentencing is that there is no reflective action, such as denying the defendant's behavior while denying the crime, and the crime of this case was committed soup by the defendant.