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(영문) 인천지방법원 부천지원 2015.07.22 2015고단1232
강제추행
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

1. From May 14, 2014 to 16:00, the Defendant committed an indecent act by committing an indecent act on the victim D (hereinafter “E”) of the victim D (hereinafter “E,” at the age of 41 at that time) in Yacheon-gu, Yacheon-si, Ocheon-si, by using the victim’s own seat, by using the victim’s hand, and by using both hand.

2. The Defendant, from around 14:00 on July 14, 2014 to around 16:00, hereinafter “E”), was seated in a sofash, and spawd with the face of the victim (the age of 41 at that time), was fashed by the victim (the age of 41), was cosmetic, and her chest was taken by the victim, and committed an indecent act on the victim.

3. The Defendant, from around 14:00 on November 14, 2014 to around 16:00, hereinafter “E”), was seated in the cosmetic room, and sprinked with the face of the victim (the age of 42 at that time) by hand hand, and committed an indecent act against the victim by inserting it into the victim’s drafting.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D's legal statement (in the case of paragraphs (1) and (2) of the crime of this case, the defendant and his defense counsel asserted that there is no fact that such act was committed, but the victim made a statement about each damage in the investigative agency and this court. The credibility of the statement can be recognized in light of the fact that the statement is specific and consistent and the statement attitude in the court. Thus, it can be sufficiently recognized that the defendant committed each indecent act, and therefore the above argument by the defendant and his defense counsel is groundless).

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. The category I, II, and III of the recommended punishment (the scope of the recommended punishment) and the general standard of indecent acts by compulsion shall be the same.

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