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(영문) 인천지방법원 2018.01.11 2017고단8117
강제추행등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a space between the victim B (n, 52 years of age) and about one year and six months.

1. On June 16, 2017, the Defendant was forced to commit an indecent act, at the victim’s residence located in Seo-gu Incheon, Seo-gu, Incheon around 12:00, and during drinking together with the victim, the victim was the Hague.

The reason is that the defendant's argument was that the victim was forced to commit an indecent act on the part of the victim, detained the victim's resistance against the victim by keeping the victim's inner bet, and he was forced to commit an indecent act on the part of the victim by cutting off the victim's inner part, cutting off the victim's chest with his inner part, cutting off the victim's chest with her clothes, cutting off the victim's chest with her hand, her getting off the victim's inner part, leaving the defendant's inner part, leaving the victim's inner part, demanding the victim's inner part, leaving the victim's sexual part, and bringing about the rejection's sexual part.

2. In the date, time, and place set forth in the above paragraph 1, the defendant of special intimidation, on the ground that the injured party refused the demand of the injured party to meet the defendant's sexual organ as described in the above paragraph 1, brought about the Ga (23 cm in total length, 14 cm in length on the day), which is a dangerous object from the room of the defendant's sexual organ, and brought about the injured party's laps and discarded the death.

“The victim was threatened by carrying a dangerous weapon, which is a dangerous thing.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to the prosecution;

1. Statement made by the police against B;

1. B written statements;

1. 112 Reported case handling lists and field photographs;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 298 of the Criminal Act, Articles 284 and 283 (1) of the Criminal Act, and the choice of imprisonment with prison labor for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Class 4 of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed on the ground of the sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

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