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(영문) 부산지방법원 2017.11.08 2017고단3168
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 1, 2017, at around 00:0, the Defendant went out of the main station located in Busan Seodong-gu C in order to drink and return to Korea. At the request of the president of this president, the Defendant got out of the victim E (V, 30 years of age) who is an employee, to send the Defendant.

On March 1, 2017, the Defendant got from around 00:34 to around 00:53, the Defendant, at the G community service center located in Busan F, attempted to commit an indecent act against the victim, and attempted to be under the influence of the victim’s own inception.

The Defendant: (a) prevented the victim from being injured by his/her hand; (b) prevented the victim from resisting to the rear part of the victim by taking the victim’s hand; (c) laid the victim’s bed immediately and laid the victim’s bed; and (d) committed an indecent act by force against the victim by taking the victim’s left chest by his/her hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the prosecution against E;

1. Statement made by the police for E;

1. Each investigation report and investigation report (CCTV reproduction, etc.) [Defendant intends to set a key against the victim.]

The defendant's assertion is not accepted since the victim's investigative agency, and in light of consistent statements and other circumstances from the victim's investigative agency to the court, since the victim's statement has credibility in the victim's statement, the defendant's assertion is not accepted).

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of favorable circumstances among the following grounds for sentencing);

1. Reasons for the sentencing of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Order to Attend [Scope of Recommendation] No person who does an indecent act in the basic area (six months to two years) (the person subject to special sentencing] (the person subject to special sentencing] under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant. The degree of indecent act is that the Defendant committed an indecent act, such as forcing the victim to appear by force and raising the chest.

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