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(영문) 대전지방법원 2020.12.24 2020고단2891
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 12, 2020, the Defendant stated that “C” clubs located in Seo-gu Daejeon, Daejeon, around 01:00, is danced by the victim D (Influence, name, 19 years of age) who is behind the part of the victim D (influence, age 19), and the victim’s her her her her her her her his her her her her her her her her her her her her part, and this part of the facts charged refers to “the victim’s her her her her her her her her her her her her her her b

Accordingly, the victim had access to the victim and the victim of the vehicle, and had the victim's clothes, and had the victim met with the part of the victim's clothes, and committed an indecent act by force.

Summary of Evidence

1. Each legal statement of the defendant in court as witness D, E, and F;

1. Partial statement of the police interrogation protocol of the accused;

1. Each written statement of D (tentative) and E, the police officer's statement of D (tentative) and E;

1. Photographss of suspect raiseers, CCTV images, and video CDs;

1. Application of Acts and subordinate statutes concerning the occurrence of a suspected indecent act by compulsion and arrest reports (excluding the part concerning the victim's statement), and investigation reports (CCTV investigation);

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act;

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, 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; the main sentence of Article 59

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. Examining the following facts and circumstances acknowledged by the evidence duly admitted and investigated by the judgment in light of the aforementioned legal doctrine, the Defendant’s her her her her her her her her her her her her her her her her her her her

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