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(영문) 전주지방법원 2016.11.18 2016고단1260
강제추행
Text

A defendant shall be punished by imprisonment for six 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 22:00 on January 15, 2016, the Defendant sought to extend the victim E (the age of 18 at that time) to the Felel near the Defendant’s passenger car, which became aware of through smartphone-rating display in front of the D Station located in Seojin-gu Seoul Special Metropolitan City (hereinafter “C”), but the Defendant was trying to extend to the Furel near the Defendant’s passenger car. However, the Defendant became a starting point for payment and was prevented from having sexual intercourse.

The Defendant: (a) laid the victim into the said car by stating that the victim was “the thickness to move to the D Station”; (b) laid the victim into the said car; and (c) operated to the entrance of the Jeonbuk-gun, a place where the Defendant was well aware of, and was driving the car at the same time, at the entrance of the Jeonbuk-gun, a place where his personal information is rare.

The defendant did not move to D's station, and the victim resisted that the sexual relation continued by asking a cell phone Mebage Medi "only once", and the victim refused it, and the victim stated that he would go to D's house Medi at the time when he stated that he would go to the D', and that he could go to the D', because he did not know of the surrounding Mega, the victim could go to the D's seat because he could turn to the driver's seat because he could turn to the driver's seat, and the defendant committed an indecent act by forcing the victim by forcing the victim's her her brogate by inserting his her own hand to him under the victim's side, and by forcing him as he was in charge of his her chest.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E;

1. Report on each investigation (as a result of the appraisal and analysis, detection of a suspect DNA, rate of change of facts constituting a crime, and name of a crime);

1. Request for appraisal and report on the results of genetic appraisal;

1. Application of each statute on photographs;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. Special cases concerning the punishment, etc. of sexual assault crimes;

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