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(영문) 전주지방법원 군산지원 2018.10.05 2017고단1093
강제추행
Text

A defendant shall be punished by imprisonment for four 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 person operating a "D cafeteria" in Gunsan-si, and the victim E (V, 19 years of age) is a person who works as a part-time student at the above cafeteria.

1. On February 2017, the Defendant committed the crime of Habman on February 2, 2017, at around 19:00, committed an indecent act by force in compliance with the victim’s face with the victim’s own hand while the Defendant talked with the victim at a cafeteria of “D cafeteria” at around 19:00.

2. On March 2017, the Defendant committed a crime in the middle of March 2017, on the following grounds: (a) around 22:00, around March 2017, the Defendant deemed that the victim was sleeped in front of a toilet for “D cafeteria”; and (b) committed an indecent act by forcing the victim to enter his arms with double arms.

3. On March 2017, the Defendant, who committed the crime of Habman on March 2017, said that the Defendant would take a bridge on the victim’s bridge at the “Dcafeteria” seated around 20:00 above, around March 2017.

It means that the victim's bridge was drawn up to the victim's sexual organ, and the victim's indecent act was forced.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. Complaint;

1. Application of the photographic Acts and subordinate statutes;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, the choice of imprisonment (a defendant denies the crime, but can fully recognize the crime in question according to the victim's consistent and specific statements)

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant [the scope of recommended punishment] [the grounds for the sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by the Defendant [the scope of recommended punishment] Article 1 of the Act on Special Cases Concerning the Punishment, etc. of Indecent Acts by the Defendant (the person subject to 13 years or more) [the person subject to special mitigation] Punishment is not punishable [the person subject to punishment] [the person subject to special mitigation] of the mitigated area (the person subject to punishment] of the mitigated area (the person subject to punishment] of the crime committed against the victim of the ten latter half after the Defendant’s operation during his/her business. The

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