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(영문) 전주지방법원 2018.01.12 2017고단1091
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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 January 17, 2017, the Defendant: Around 18:00, at the restaurant called "C" located in Yansan-gu, Jeonju-si B; the Defendant, while providing job counseling with the victim D (one-year life, two-three years old) who is a student of the fourth grade of the logistics department at the university where the Defendant is teaching, divided the group of group of group group of group group of group group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group of group.

On January 18, 2017, the Defendant committed an indecent act by force against the victim, on the part of the victim, who was sitting on the floor under the influence of alcohol, on the part of the victim, at the front city G building in the front city, around 02:28, and at the residence of the victim in the front city.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness D (the name of the witness, hereinafter the same shall apply) and H;

1. Statement made by the prosecution with regard to D;

1. Statement made by the police against D;

1. Complaint;

1. 112 Reporting case handling table;

1. Each investigation report (related to the storage of CCTV images in the G building and the verification of CCTV images in the G building, such as the securing of CCTV image data;

1. Application of the Acts and subordinate statutes governing CCTV screen CDs in G buildings;

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 stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Order to Attend and the Order to Attend

1. Although the Defendant and the defense counsel have entered the studio plan which is the residence of the victim, there is no fact that the victim's chest was delivered.

2. In light of the following circumstances acknowledged by the evidence revealed earlier, there is no reasonable doubt that the Defendant’s chest was forced to commit an indecent act by deceiving the victim’s chest as stated in the judgment, and thus, the Defendant and the Defendant.

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