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(영문) 인천지방법원 2019.10.30 2019고합455
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant is a person operating a restaurant “C” located in the Southern-gu Incheon Metropolitan City B, and the victim D (n, 17 years of age), victim E (n, 17 years of age) and victim E (n, 17 years of age) are the persons operating the restaurant at the above restaurant.

1. Indecent acts by compulsion against the victim D;

A. On January 23, 2019, the Defendant stated “18:00 in the indictment” in the indictment around January 23, 2019, but according to the police statement and the written statement related to D, the victim stated that he was subject to indecent act by the Defendant at the time he completed the day of the instant case and entered the escape room in order to send clothes. According to the results of reproduction and viewing of the external CCTV principal, around January 23, 2019, the Defendant entered the escape room with the victim and confirmed that he went to the escape room, and entered the escape room again, even if this part of the charge was corrected as above, the victim appears not to have suffered a substantial disadvantage in exercising the Defendant’s right of defense, and thus, it is corrected ex officio.

In the above restaurant room, “The victim was asked to go to the breast,” and the victim was forced to talk with the victim’s clothes in his own hand, thereby committing an indecent act by force.

B. On January 25, 2019, the Defendant committed the crime on January 25, 2019, between January 21, 201 and January 22:00 of the same day, and between January 25, 2019 and around 22:00 of the same day, the Defendant, by hand, committed an indecent act by force against the victim, by holding the victim’s chest under his/her own hand.

2. Indecent acts by compulsion against victims E;

A. On January 1, 2019, the Defendant committed a crime on January 1, 2019, at the above restaurant hall around 22:28, around January 1, 2019, the Defendant committed an indecent act by coercioning the victim’s cresh with his own arms after the other victim’s cresh without customers.

B. The Defendant committed the crime of January 27, 2019 indicated in the indictment around January 27, 2019 as “21:01:04.” However, according to the result of recycling and viewing of the external CCTV principal, the Defendant was on January 27, 2019.

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