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The sentence of sentence against the defendant shall be suspended.
Of the facts charged of this case, the prosecution against assault is dismissed.
Reasons
Punishment of the crime
The Defendant was a person attending the fourth grade of the University, and the victim C (V, 21 years old) was a person attending the third grade of the same school as the Defendant, and the Defendant and the victim came to know in the ASEAN. A.
피고인은 2018. 9. 18. 00:00경 안성시 D 소재 ‘E’ 주점 입구에서, 피고인의 생일파티를 마치고 2차 장소로 이동하기 위해 서 있는 피해자에게 다가가 갑자기 얼굴을 들이밀고 피해자에게 귓속말로 “내가 너를 좋아한다. 사랑한다.”라고 말하면서 피해자의 오른쪽 어깨에 피고인의 손을 올려 피해자를 강제로 추행하였다.
B. At around 01:30 of the date stated in the above paragraph (a) above, the Defendant expected the head to the left shoulder of the victim, including the victim, while playing a two-lane drinking place with the members of the Dong-ri, including the victim, and even though the victim refused to take the shoulder, the Defendant demanded the victim to take his/her hand, and even though the victim expressed his/her intention to refuse to take his/her hand, the Defendant forced the victim to have his/her left hand on two occasions and forced the victim to commit an indecent act.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of C, G, and H;
1. Application of the Acts and subordinate statutes for investigation reporting;
1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the crime, selection of fines;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Penalty fine of 2,00,000 won to be suspended;
1. Articles 70 and 69(2) of the Criminal Act (100,000 won a day);
1. Article 59 (1) of the Criminal Act of suspended sentence;
1. It does not focus on the degree of indecent act on the grounds of sentencing in the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from order to complete program, taking into account that the Defendant has no criminal history and that he/she has agreed with the victim.
Public Prosecution Rejection Parts
1. The summary of the facts charged of the assault is as follows: (a) around 01:50 on September 18, 2018, the Defendant, on April 11, 201, a fourth-ro university in Masan-si.