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(영문) 청주지방법원 제천지원 2017.04.13 2017고단49
준강제추행
Text

A defendant shall be punished by imprisonment for four 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

On February 3, 2017, the Defendant committed an indecent act against the victim E (V, 19 years old) in a 3rd floor of so set soup room, which is located in Dacheon-si C, around 04:10 on February 3, 2017, by making soup to the victim E (V, 19 years old) who was diving, with his her her son and her her son, thereby making it impossible for the Defendant to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Some statements made against the defendant during the police interrogation protocol;

1. Statement made by the police for E;

1. CCTV CDs;

1. Each on-site photograph (the defendant and his defense counsel) asserts that, even though the defendant is lying on the wall where he intends to sleep, the part of the defendant's satis part of the victim's satis part of the satis part of the victim's satis part of the victim's satis, the victim

However, in full view of the circumstances surrounding the occurrence of the case and the situation before and after the occurrence of the case, the victim stated in the investigative agency in a concrete and consistent manner, the location of the occurrence of the case is women-only waters, and the Defendant stated to the effect that “the victim saw sweed down the bridge on the bridge of the victim because she is female,” and that “the victim sweeded down the bridge on the bridge of the victim” in the police investigation, the Defendant can sufficiently recognize the fact that the victim sweedd

Defendant

And his defense counsel's above assertion is rejected.

Application of Statutes

1. Relevant Article of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the choice of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The sentencing of the Defendant’s age, occupation, sex, family relationship, and circumstances before and after the commission of the crime under Article 16(2) main sentence and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes, as well as the sentencing conditions indicated in the records, such as the Defendant’s age, occupation, sex, family relationship, etc.

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