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(영문) 인천지방법원 2016.07.13 2015고단8414
강제추행
Text

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

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 20:00 on September 15, 2015, the Defendant: (a) had the victim D (Woo, 34 years old) who was found in order to make a model for drinking paper practice in Seo-gu Incheon, Seo-gu, Incheon, and 102 Dong 110, with the intent of committing an indecent act by iceing out whether the victim would drink, and (b) had the student “I am lower the blood, so I am back the blood, and would be subject to it, but I am? I am.” (c) had the victim exceeded the upper part, and immediately see the victim’s chest from the upper part, and rhyd the victim’s chest with his hand, and forced the victim to commit an indecent act by force.

Summary of Evidence

1. The defendant's partial statement (the act of entering facts constituting a crime shall be recognized);

1. The legal statement of witness D and E;

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order [The defendant asserts that an act of criminal facts is committed with the consent of the victim and is not a forced indecent act.

However, according to the result of the examination of evidence, the victim does not receive the chest from the defendant even if he modeled a marina model for the student before committing the crime.

Nonetheless, the defendant clearly known that he had been able to get the victim's additional drinking in the house where only two students have left, and the defendant requested the victim to get the victim's additional drinking in the house where only two students have left, and walked the victim's breast, and got the breast against the victim's will.

The decision is judged.

Although the Defendant asserts to the effect that a number of male mari instructors are drinking a woman’s chest, it is not easy to understand in light of the statements and empirical rules in investigation agencies and courts.

Ultimately, in full view of the instant case details admitted as evidence and the Defendant’s behavior attitude, the Defendant’s intent of indecent act is proved as evidence to be produced by the prosecutor.

As to the facts of the crime in the judgment that is a sex offense subject to registration and submission of new information.

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