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(영문) 수원지방법원 2017.02.23 2015고단4809
강제추행
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 17:00 on April 2, 2015, the Defendant committed an indecent act against the victim E (the 25-year old age) who visited the victim by visiting the customer in the “D” page of the Defendant’s 4th floor of Suwon-si C Building, on the pretext that he would be marine, while covering the victim’s upper part and half the body part in which the victim was suffering from, and left the math, the victim’s left chest, and she tried to get the math by hand, with the victim’s hand. The Defendant committed an indecent act by forcing the victim by inducing the victim’s hand on the part of his buck and the buck part, and the buck part of the victim’s buck.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Statement protocol by the police for E;

1. Recording records;

1. A medical certificate and a report on psychological evaluation;

1. Interview counseling services, counseling services, counseling services, counseling services for victims of sexual assault, confirmation of counseling services for victims of sexual assault, application of Acts and subordinate statutes to written opinions;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, the choice of punishment, and the choice of imprisonment;

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order

1. The defendant of the allegation is merely a victim's Marina, and he did not commit an indecent act against the victim in the process.

2. Determination

A. The crime of indecent act by force includes not only the case where the other party commits an indecent act after making it difficult to resist by means of violence or intimidation but also the case where the body of the person who committed the assault is deemed to be an indecent act. In this case, the assault in this case does not necessarily require that the degree of suppressing the other party's intention is to be restricted, and even if there is the exercise of tangible force against the other party's will, it should be viewed that the force is not strong (see Supreme Court Decisions 94Do630, Aug. 23, 1994; 2001Do2417, Apr. 26, 2002, etc.).

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