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(영문) 의정부지방법원 2016.10.07 2016고단2220
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

At around 05:00 on April 29, 2016, the Defendant entered D, a cleaning agent, and was sitting on a sobrying wall, which was anticipated to do so. The Defendant confirmed that the pets of the victim E (name, do, 23 years old) who was being accumulated in the fry, fright the toilet, and that the victim’s work on the left side of the victim, who was in the same room, was fluor, was fluored and fluored, and then fluorddled on the victim’s left side and fluording the victim’s fluor, and fluordding the victim’s arms, as the Defendant fluorddddddddddds the victim’s arms.

Accordingly, the defendant committed an indecent act against the victim by taking advantage of the victim's failure to resist.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Application of investigation report (general) - On-site CCTV closure photographs and Acts and subordinate statutes attached to file CDs;

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act, the choice of imprisonment for a crime;

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

1. Social service order under Article 62-2 of the Criminal Act;

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

1. The summary of the argument and the defense counsel asserted that the defendant committed an indecent act by force against the victim as stated in the facts charged, although there was a fact that the defendant puts up the victim's shoulder at least one to two times, it was merely an act to shoulder the victim at the time of the entry of the fright, and there was no intention to commit an indecent act.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court of this case, namely, ① the victim made a consistent statement with regard to the Defendant’s indecent act behavior and the circumstances of the crime with the content that the Defendant had taken the victim’s left chest at the time of the instant crime from the investigative agency to the court of this case. The victim’s statement attitude is the victim’s attitude.

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