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(영문) 청주지방법원 2012.11.07 2012고단1529
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant's disclosure of information to the public is made through an information and communications network for two years.

Reasons

Punishment of the crime

On February 29, 2012, at around 23:20, the Defendant committed an indecent act against the victim by discovering the victim E (here, 15 years of age) who walked prior to the D’s front road located in Heung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and by preventing him from being injured by one hand and spreading his chest with other hand.

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Each police statement of E and F;

1. Application of on-site photographs, on-site photographs, and statutes;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Determination as to the assertion by the Defendant and his/her defense counsel under Article 37(1)1 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under the Disclosure Order and Notice Order

1. The summary of the argument is that the Defendant did not commit an indecent act against the victim as indicated in the facts charged in the judgment, and the Defendant was in the police station upon the request of the police to cooperate.

2. In light of the following circumstances acknowledged by the evidence of each of the above judgment, i.e., (i) F, who designated the Defendant as an offender prior to the above crime; (ii) identified the Defendant as an offender after about 20 minutes in close distance to the time when the offender escaped; and (iii) explained the offender's appearance at the police; (iv) the victim E explained about the offender's appearance; (iv) the offender's height or clothes are similar to the Defendant's height; and (v) considering the time and place where the Defendant had no contact, the Defendant could have been friendlyly similar to the offender. In light of such circumstances, the above facts charged should be considered.

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