(영문) 창원지방법원 마산지원 2018.11.23 2018고단735

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(영문) 창원지방법원 마산지원 2018.11.23 2018고단735

강제추행

Text

A defendant shall be punished by imprisonment for not more than ten 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 born after the husband of the victim C (ma, 30 years of age).

On February 9, 2018, at around 16:40 on July 16:40, 2018, the Defendant committed an indecent act by force against the victim, such as: (a) the husband of the victim and the husband of the victim enter the victim's room; (b) the victim's husband led the victim to the computer room; (c) the victim was pushed the victim with the wall; and (d) the victim's chest and her tack.

Summary of Evidence

1. The legal statement of witness E and C;

1. Some statements made to the accused in the protocol of interrogation of the suspect to the prosecution (including the substitute part);

1. Statement made by the police with regard to F;

1. Application of each investigation report and field photographing statutes;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

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

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Defendant and his/her defense counsel’s assertion that the Defendant did not force the victim to commit an indecent act.

In full view of the following circumstances that can be recognized by the evidence duly adopted and investigated by this court, the fact that the victim was forced to commit an indecent act as stated in the facts constituting the offense in the judgment of the defendant can be sufficiently recognized.

(1) The victim reported to the police immediately after the case, and was investigated by the police on the same day.

The victim, as stated in the facts of the crime in the judgment of the defendant, led the victim to a computer room in a concrete and consistent manner from investigative agency to this court, and obstructed the victim from leaving the wall to a strokeing, and followed the victim's chest and tur.

was stated.

The victim has made a very detailed and detailed statement about the time, place, circumstances, etc. of the instant crime, and maintained consistency in important parts.

Therefore, the injured party.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-형법 제62조 제1항

-형법 제298조

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