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(영문) 인천지방법원 2018.11.30 2018고정1496
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the mother of the victim's university.

On April 5, 2018, at around 23:53, the Defendant committed an indecent act by force by putting the shoulder of the Victim E (the name, 20 years of age, n) and Masan on the street in front of the Nam-gu Incheon National University No. 5, and committing an indecent act by force, by putting the shoulder of the Victim on the right arms.

The facts charged are as follows: “Indecent act by force against one’s own victim by force, such as using two arms,” but as seen later, the Defendant’s act recognized by CCTV images should not be sealed at the right shoulder of the victim, which is not significantly different from the content of the Defendant’s assertion from the investigation agency to the court (hereinafter “influencesing act”), thereby impairing the Defendant’s right to defense.

Since it appears ex officio, the facts constituting the crime are modified as above.

Summary of Evidence

1. Legal statement of witness E;

1. The result of reproduction of CCTV CDs (the sarbly sarbly sarp, if used in committing a crime);

1. Some statements made against the defendant during the police interrogation protocol;

1. Application of Acts and subordinate statutes to a criminal investigation report (F dialogue between the suspect and the victim);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. A fine of two million won to be suspended;

1. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 59(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act committed by the defendant while expressing the victim's mind that he had a sense of reputation, the act of the defendant causes a general sense of aversion to women, or the act of the defendant significantly goes against the good sexual moral sense, and the fact that the student who has not been subject to criminal punishment until now is not a student, and other factors such as the defendant's age, sexual behavior, environment, etc.) Article 47(1) and Article 49(1) of the same Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Aggravated Punishment against Sexual Abuse (the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children against Sexual Abuse (the defendant's identity).

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