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(영문) 인천지방법원 2020.01.17 2019고합813
강제추행치상
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 24, 2019, at around 03:20 on September 24, 2019, the Defendant: (a) found the victim C (at the age of 41) under the influence of alcohol, and went away approximately 300 meters after maintaining a certain interval with the victim in order to find out the victim C (at the age of 41) and to capture the victim with an opportunity to commit a sexual crime.

On September 24, 2019, at around 03:36, the Defendant confirmed that there is no one who passes around the apartment site located in Bupyeong-gu Incheon Metropolitan City, and confirmed that there is no one who is near the surrounding area, and led the victim to a nearby parking lot to prevent the victim from getting out of the victim's body, and led the victim to the victim's body, cut off the bank of the victim's body, cut off the victim's body, cut off the victim's body, cut off the victim's body, cut down the victim's body, sound, and forced the victim's hand to the victim's hand, and forced the victim's movement into about 2:3 of the 21-day back, cut down the movement of the victim's chest, and suffered from the victim's sawd, sawd, sawd, the need for medical treatment for about 21 days.

Accordingly, the defendant forced the victim to commit an indecent act and suffered injury to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Other closure photographs of each CCTV image and damaged parts of the photograph;

1. A written diagnosis of injury;

1. A report on the occurrence of a crime, each internal investigation report (including the tracking of CCTV images in the direction of entering the person under suspicion, and the tracking1, 2, 3, 4 of CCTV images on each site);

1. Application of Acts and subordinate statutes to each investigation report (the submission of a victim’s husband’s “E” photograph and a victim’s diagnosis report)

1. Article 301 of the Criminal Act and Articles 301 and 298 of the Criminal Act concerning criminal facts and the choice of limited imprisonment;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Probation and Order to Attend Courses;

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