(영문) 창원지방법원 진주지원 2013.11.27 2013고단917

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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 진주지원 2013.11.27 2013고단917

준강제추행

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete 80 hours of sexual assault treatment programs.

Reasons

Punishment of the crime

At around 05:20 on May 25, 2013, the Defendant committed an indecent act by force against a female, such as following: (a) the Defendant’s desire to have the victim E (here, 20 years of age) enjoy in a simplified bed, which is installed in the emergency passage of the above Cception while under the influence of alcohol; and (b) the Defendant’s desire to commit indecent act by inducing the victim’s desire to commit an indecent act. (c) The Defendant committed an indecent act by force against the female, such as rhythizing the victim’s hand into the victim’

Summary of Evidence

1. Legal statement of witness E;

1. Entry of the defendant's partial statement and E in the suspect examination protocol of the defendant by the prosecution;

1. Each prosecutor's statement concerning E and F;

1. Statement to E by the police;

1. A complaint filed by E;

1. Each photograph;

1. Application of Acts and subordinate statutes to report on investigation (specific suspect), investigation report (E and letters used in the F);

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crimes;

1. Sentencing of Article 16(2) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes committed against the Defendant under the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (wholly amended by Act No. 11556, Dec. 18, 2012) may take into consideration favorable circumstances where there is no past record of punishment or imprisonment without labor or heavier punishment

However, the crime of this case committed an indecent act committed by the victim, who was the guest of the PC himself/herself, in the influence of alcohol by himself/herself, before the computer, by putting his/her hand in the body of the victim who was locked with his/her personal use, and was able to use his/her hand in the body of the victim, and the crime is not good.

In addition, the victim's statement is consistent, and the details of the victim's statement is natural, and there is no other circumstance to identify the defendant, so it can be trusted, and in light of other evidence, it can be sufficiently recognized that the defendant's crime against the defendant is committed. However, the defendant denies the crime and misleads the victim.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-형법 제298조

-형법 제299조

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