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(영문) 광주지방법원 장흥지원 2017.06.29 2016고단231
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

On October 15, 2016, around 13:00, the Defendant: (a) committed an indecent act by force against the victim E (for example, 59 years of age) who purchased goods on the front road located in Jinjin-gun C (hereinafter referred to as the “victim”) who purchased goods on the front road located in Jinjin-gun C.

Summary of Evidence

1. Each legal statement of E (tentative name) and F;

1. Application of Acts and subordinate statutes on police statements made to E;

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 (The following circumstances considered in favor of the reasons for sentencing);

1. Determination on the assertion of the accused and the defense counsel under Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend, the accused and the defense counsel try to conduct a personnel act against the chest, although they contacted the finger.

It argues to the effect that there was no intention to commit indecent acts by force, while the breast was so doing and the breast was not written.

However, the victim stated that, although the investigative agency could not accurately memory whether the chest left or right side of the defendant's chest, the victim stated that "the defendant met with her hand and flicked by her hand (legal statement), "the police statement", "the police statement covering the right side of the defendant with the clothes above her clothes (the police statement)", "the police statement covering the chest for a long time (the police statement)", "the defendant too much flick with only one hand (the court statement)", and "the police statement (the police statement)."

Such statements by the victim include the circumstances leading up to the indecent act, the consistent, specific, and difficult contents in the part, such as the Defendant’s attitude after the commission of the crime ( rather, the Defendant asserted to the effect that the Defendant was against the victim’s shouldered by the victim’s shouldered, but attempted to have the son contacted the chest after the witness F’s examination was completed.

It changed the assertion that the breast was so doing and that the breast did not appear.

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