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(영문) 인천지방법원 2014.05.14 2013고단5758
준강제추행등
Text

A defendant shall be punished by imprisonment for six 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

1. A quasi-indecent act by compulsion on April 16, 2013, the Defendant was unable to make soup on the side of the victim E (the age of 54) (the age of 54) who was divingd on the second floor of the Southern-gu Incheon Metropolitan City, Nam-gu.

The Defendant saw the victim's body in mind to commit an indecent act, raised a bridge on the victim's buckbucket, and added the victim's chest and part on the victim's chest.

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.

2. The Defendant, who observed the Defendant’s indecent act at the above date, time, and place, said time and place, stated that the Defendant “I ambling the victim as “I ambling, bad gulese, and house” by the Defendant F, who was living together with the said victim, refers to “I ambling the victim as “I ambly,” and “I ambling the victim as I ambling.”

Accordingly, the defendant openly insultingd the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness E and F in the second protocol of the trial;

1. The police statement concerning G;

1. Application of the Act and subordinate statutes to investigation reports (CCTV verification), so set soup video CDs, investigation reports (verification reports on the amount of recording content ofCCTVs) and investigation reports (police interview reports by police officers in charge of this case);

1. Articles 299 and 298 of the Criminal Act and Article 311 of the Criminal Act concerning the relevant criminal facts and the choice of punishment: Imprisonment with prison labor each option;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Article 62 (1) of the Criminal Act on the suspended execution (Consideration of the fact that the defendant has no record of punishment for the same crime, and the degree of indecent act and the degree of ability to use it is relatively weak, etc.);

1. As to the facts constituting a sexual crime subject to registration, Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Amended by Act No. 11556, Dec. 18, 2012).

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