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(영문) 수원지방법원 2016.06.02 2016고합25
준강제추행등
Text

A defendant shall be punished by imprisonment for one year.

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

" 2016 Gohap 25"

1. On August 23, 2015, the Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Special Cases Concerning the Punishment, etc. of Sexual Crimes”) entered the 'D’ room located in the wife population C around the Gambi-si, Young-si on August 23, 2015, in which he/she had the mind to commit an indecent act against women, and entered the dedicated water

Accordingly, the defendant infringed on the above-mentioned lele or women's exclusive water surface with a view to meeting his own sexual purpose.

2. A quasi-indecent act Defendant committed an indecent act at the same time and place as set forth in paragraph 1 of the above above, and committed an indecent act against the victim E (the victim’s 30-year-old) who was diving, using the right chest part of the victim E (the victim’s 30-year-old) as his hand, and continued to commit an indecent act against the victim in a non-fluent state.

『2016 고합 239』 피고인은 F 와 서로 연인 관계로서, 2015. 12. 22. 23:30 경 의정부시 G에 있는 피해자 H이 운영하는 ‘ ’ 주점에 함께 들어 가 술값을 지불할 것처럼 행세하며 피해자에게 소주 3 병, 생맥주 500cc, 마늘 간장 치킨 1마리, 음료수 1 병, 해물 짬뽕 탕 1개 등을 주문하였다.

However, the defendant and F were thought to escape from the beginning without paying the drinking value and food value.

Accordingly, the Defendant, in collusion with F, was provided with alcohol and food equivalent to 42,500 won in total at the market price by deceiving the victim as above.

Summary of Evidence

" 2016 Gohap 25"

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each written statement of I, H and E;

1. Recording records, investigation reports (to hear statements from D employees);

1. Each photograph "2016, 239";

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect with respect to F;

1. A H statement;

1. Application of Acts and subordinate statutes to customer orders and photographs;

1. Article 299 and Article 298 of the Criminal Act regarding criminal facts, the applicable law regarding the choice of punishment, Article 12 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (a quasi-indecent act) and Article 347(1) of the Criminal Act.

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