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(영문) 청주지방법원 2016.07.21 2015고단1964
강제추행
Text

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

To order the defendant to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

around September 19, 2015, the Defendant: (a) was aware of the victim E (the age of 35) through his/her real estate brokerage office that he/she operated on his/her own; and (b) was drank by his/her father; and (c) was drank

In other words, the victim was willing to commit indecent acts by compulsion.

At around 05:00 on September 20, 2015, the Defendant found the victim's residence F204, which had a counter-ware with the victim's multi-parents attached to the victim's multi-parents, and had the victim talked on the victim's father, and had the victim's bucks about four times with the victim's own left hand during the conversation with the victim's father. The Defendant committed an indecent act by force by force by putting the victim's kbucks into the clothes of the victim's knick, knick, knick, etc. by inserting them into the clothes of the victim's knick.

Summary of Evidence

1. Legal statement of witness E;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement made by the prosecution against E;

1. 112 Report processing table and cell phone transmission details [Judgment of defense counsel's assertion of defense counsel] The defense counsel asserts that no indecent act such as the statement was committed against the victim at the time and place of the defendant's decision.

However, in light of the fact that the victim's statement about the time of indecent act, the contents of the act of prosecution, the situation at the time of the prosecution, the situation after the prosecution, etc. conforms to the victim's statement, the contents of the 112 report processing case report and the defendant's mobile phone telephone call contents correspond to the victim's above statement, etc., the above statement of the victim can be sufficiently reliable. Thus, it can be sufficiently recognized that the facts of indecent act by force against the victim, such as the date, time and place in the decision of the

Therefore, the defense counsel's above assertion is not accepted.

Application of Statutes

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order is that the content and degree of the indecent act committed on the grounds of sentencing is not somewhat weak, and is punished by imprisonment for the same kind of crime.

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