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(영문) 인천지방법원 부천지원 2019.07.05 2018고합306
강제추행치상
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

At around 23:30 on March 7, 2018, the Defendant: (a) sought a request from the victim D (one’s name, leisure, age 48) who is an employee of the above business establishment to bring in a brush in his/her own sexual organ, and (b) sought from the victim that he/she would bring in a brush with the victim’s hand; and (c) sought from the victim that “I am out of that place........................................., the Defendant took place again, he/she saw the victim’s chest, who continued to stop in a brush; and (d) sought to get out a brush with the victim’s will to get out of a brush after the completion of 1 hour and 20 minutes of the brush.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Witnesses D and E's respective legal statements;

1. Each statement prepared in F, G, H, and I;

1. The Defendant and his defense counsel asserted that the Defendant was locked during the process of being masts and did not commit any act as stated in the facts constituting a crime, and that the Defendant’s report to the police was without any retaliation against the victim of the defect on the ground of an unqualified business, etc.

The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, ① there is no consistent and unreasonable part of the statements made by E’s investigative agency and this court, the owner of marina business, the victim and marina business establishment, and ③ there is a high credibility in explaining the present situation in a very concrete and detailed manner. ② In particular, the Defendant’s report that the police officer sent to the victim or marina business establishment, when the police officer arrived at the marina business establishment, does not call out the facts of indecent acts by indecent act by indecent act by indecent act by indecent act by compulsion.

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