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(영문) 수원지방법원 2016.11.10 2016고단3604
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[criminal power] On May 14, 2014, the Defendant sentenced six months to imprisonment for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Suwon District Court on the Punishment of Arrangement of Commercial Sex Acts, Etc., and completed the execution of the sentence at the Suwon Detention Center on August 15, 2014.

【Criminal Facts】

On February 25, 2016, around 16:00, the Defendant committed an indecent act by force against the victim by inducing the victim from the rear side of the victim himself while viewing the film together with the victim E (n, 18 years old) located in Suwon-si Damo 402, and by holding the film on the day.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement to E by the police;

1. 112 reported case handling table;

1. Previous convictions: Defendant’s legal statement, criminal history inquiry report (A), investigation report (a) [Attachment of the past records of a suspect’s previous rulings] ; Defendant’s act is doubtful as to whether Defendant’s act constitutes an indecent act by assault; and thus, the following circumstances acknowledged by each evidence are met: ① Defendant entered the telecom with the victim to view the film, namely, the following circumstances acknowledged by the aforementioned evidence; ② Defendant her kid the victim’s back to the telecom; ② her body contact was separated from the victim; ② Defendant her body contact was separated from the victim; ③ the victim was placed on the part of the victim; ③ the victim resisted with the chest and drinking part; ③ the victim resisted with his body, the victim did not use the victim’s body with his body and did not use the victim at his body, and the Defendant did not use the victim at his body to commit an indecent act; ④ The Defendant’s act of indecent act in itself can be evaluated as an indecent act under the above-mentioned statute by fully considering the following facts.

1. Criminal facts;

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