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(영문) 창원지방법원 밀양지원 2018.08.09 2018고단199
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (Y, 51 years old) came to know on December 27, 2017 at the D cafeteria located in Syang-si, Singyang-si, Snyang-si, that they came to know while drinking the same oly.

At around 14:50 on December 29, 2017, the Defendant drinked the victim at his own residence and drinked the victim with a view to forcing the victim to commit an indecent act. The Defendant used the victim’s back to the part of the victim who was enjoyed, and then called “the victim’s hand,” included the victim’s hand in the clothes of the victim’s own, and met the victim’s part and chest, and the victim resisted the Defendant’s arms. However, the Defendant, by force, led the victim to the suppression of the victim’s resistance and suppression the victim’s second hand into the part of the victim’s second hand, and the victim went into the toilet to avoid indecent act by the Defendant.

The Defendant continued to put the arms of the victim from toilets on the floor, put them on the floor, put them on the victim’s neck, and tried to dump the Defendant’s arms, but attempted to sprink the victim’s arms. However, by force, the Defendant forced the victim to commit an indecent act, such as suppressing the victim’s resistance, putting the victim’s fingers into the part of the victim’s neck, and sprinking the part of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to B;

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. Where this judgment becomes final and conclusive to submit personal information under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, and the accused is obligated to submit personal information to the head of a police office having jurisdiction over his/her domicile or the head of a correctional institution (where the accused is detained in a correctional institution) pursuant to

Whether or not to issue an disclosure order or notification order.

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