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A defendant shall be punished by imprisonment for not less than eight months.
The defendant shall be ordered to take lectures for sexual assault treatment for 40 hours.
evidence of seizure.
Reasons
Punishment of the crime
On April 26, 2016, the Defendant: (a) at the entrance from the dong to the head of the Seo-gu Seo-gu Incheon apartment complex on April 26, 2016; and (b) at the victim D (the 23 years of age).
Then, “The victim was considered to have returned to the victim,” one hand sent the victim’s breast part to one hand, and the other hand committed an indecent act by force against the victim by drinking the victim’s breast part to the above clothes.
Summary of Evidence
1. Partial entry of the protocol of the prosecution or the police examination of the accused, or the protocol of statement;
1. Statement made by the police with regard to D;
1. A complaint filed in D;
1. Police seizure records and inspection records;
1. Application of the Acts and subordinate statutes to each investigation report and internal investigation report;
1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;
1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;
1. Reasons for conviction under Article 48 (1) 1 of the Criminal Act;
1. The defendant's assertion that there is only a book that takes the surrounding areas of the crime scene before and after around April 23, 2016 where the injured party suffered from forced indecent conduct as stated in its reasoning, and that there is no provision that the injured party maths or commits indecent conduct.
2. In full view of the following circumstances, the offender of the instant forced indecent act is recognized as the “Defendant”.
On June 23, 2016, the victim designated 16 photographs, including the photograph of the defendant, as a criminal by the investigative agency. On July 24, 2016, the victim is also in the process of directly facing the defendant by the investigative agency.
“The statement was made.”
In full view of the following circumstances, the victim's statements are sufficiently reliable.
① At the time, the victim was in a very sensitive state because he was in the state of being her own, and not only 20 cm to 30 cm to her own while she was in a close range of 20 cm to 30 cm to her, but also her own right immediately after her was damaged.