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(영문) 대전지방법원 2021.01.21 2020고단417
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

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

Reasons

Punishment of the crime

The defendant becomes aware of the victim B (n, 51 years of age) through the introduction of friendly C.

On September 5, 2019, the Defendant, together with C and the victim, 01:0, 01:0 on September 5, 2019, her singing on “E” located in Ansan-si, Annsan-si, and her singing, followed by the victim’s own hand, her chest was her chest, and the victim’s sound was her only by another hand.

On the other hand, the defendant continued to have the victim who read his/her hand and expressed his/her intention of refusal, brought the victim's side interest by his/her hand, and the victim's chest was delivered.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. The defendant's oral statement B by law;

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

1. Statement made by the police against B;

1. The application of B’s written statement to the suspect and the victim’s Kakao Stockholm conversation content, reference witness F and victim’s Kakakao Stockholm conversation content, injury diagnosis document, the victim’s report on internal history in the Kakao Stockholm conversation content (the message sent to C after the victim’s occurrence of the case), internal investigation report (the victim’s statement hearing report and the victim’s statement hearing report - the victim’s statement hearing report) law is applicable.

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination as to the assertion by the accused and the defense counsel under Article 16(2) main sentence of Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes and Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Law No. 16622, Nov. 26, 2019); Article 56(1) main sentence of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 59-3(1) main sentence of the Welfare of Persons with Disabilities Act

1. The summary of the argument is that the Defendant does not have the body of the victim as described in the facts charged.

2. The following facts or circumstances found based on the evidence duly admitted and investigated:

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