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(영문) 인천지방법원 부천지원 2018.11.07 2018고단1745
강제추행
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

To the extent that it does not harm the identity of the facts charged and the defendant's right to defense, part of the facts charged was revised and stated in accordance with evidence.

The Defendant is a dance instructor, and the victim B (the victim, the 34 years of age) is a student who receives a dance from the Defendant.

From 04:00 on December 2, 2017 to 05:00 on the same day, the Defendant: (a) while the injured person was living together with the injured person in a "C," where he was living together with the injured person, she sees the same direction as the Defendant, and took action in the front of the accused person, the injured person she taken the right upper chest of the injured person once and the lower chest once.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness B and the witness E in part;

1. Statement made by the police against B;

1. Complaint;

1. Application of Acts and subordinate statutes to screen pictures and to take a F message sent and received by Defendant A and Appellant B;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service or attend lectures;

1. Determination on the assertion of the Defendant and the defense counsel under Article 56(1) main text and Article 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which is an employment restriction order

1. The gist of the argument is that the Defendant did not intentionally have taken two chests of the victim as described in the facts charged, and only had contact to the extent that the victim can naturally be in the process of dancing, and the victim understood the degree of contact in advance.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the Defendant intentionally committed an indecent act against the victim in the criminal conduct as stated in its reasoning.

The defendant and defense counsel are without merit.

(a)..

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