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(영문) 서울서부지방법원 2018.09.12 2018고단1305
준강제추행
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B (n, 21 years old) are as follows: C's introduction, which is the breath, the first drinking on the day of the case.

On December 9, 2017, at around 08:00, the Defendant provided four persons, including the victim, to drink alcohol with four persons, and to be engaged in the victim at the back seat of the F-si, while boarding together with the victim, the Defendant: “Fele knee and knee kne,” and the victim knee and knee kneed with the Defendant’s kne, kne and kneed with the Defendant’s kne, and feld with the Defendant’s hand on one occasion.

Accordingly, the defendant committed indecent acts by taking advantage of the victim's resistanceable condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

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

1. Statement made by the police against B;

1. The knee-knee-knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-

The injured person made a statement within the taxi immediately after the indecent act, and the injured person caused a mistake in light of the circumstances in which he/she saws the chest by putting his/her hand into the clothes of the victim.

Considering the difficult circumstances, etc., it is sufficiently recognized that the Defendant committed the instant indecent act by force when considering the following: (a) the Defendant was credibility in the victim’s statement; and (b) the Defendant was knee and keleled in the victim’s indecent act after getting off the taxi; and (c) the Defendant committed the instant indecent act by force.

Application of Statutes

1. Articles 299 and 298 of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

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

1. Article 16 (4) and (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to take lectures;

1. Act on the Protection of Children and Juveniles against Sexual Abuse, which is subject to employment restrictions;

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