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(영문) 광주지방법원 목포지원 2016.06.17 2016고단73
강제추행
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The Defendant visited the victim B (n, 22 years of age) to D with E, the president of the “D” in Yongama-gun C, which is an employee, and became aware of the victim while visiting the said D.

On January 4, 2016, at around 20:00, the Defendant drinks alcohol with Defendant, E, E, and victim in the above D, and continues to drink alcohol by moving alcohol to Fjuk in Yong-gun C around 23:00 on the same day.

Since then, the defendants, E, E, E, E, E, and the victim had moved to the same head of Yong-gun G apartment unit in South Yong-gun where the victim resides.

At around 01:00 on January 5, 2016, the Defendant and the victim met with the entrance door door of the above house in front of the above victim's house, and thus, the key business operator was not opened. While waiting for the key business operator, the Defendant was drinking the victim who was seated in the stairs of the place, was able to report the victim's intention to commit an indecent act by force, and was seated back the victim's shoulder by hand, and the chest was cut down to the victim's clothes.

Since then, the key business operator reported the victim who entered a small and small area of the entrance, and the defendant took the victim's clothes back to the victim who tried to sleep, following the victim, sent the victim's chest several times with the victim's clothes, and continued to place the victim's chest with his clothes.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police statement protocol law to B

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) and (4) of the Act on Special Cases concerning the Protection and observation and the Punishment, etc. of Sexual Crimes committed by an order to attend a course;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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