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(영문) 창원지방법원 마산지원 2016.09.21 2016고단561
강제추행등
Text

A defendant shall be punished by imprisonment for four 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

On March 27, 2016, the Defendant: (a) the victim D (name, name, and leisure) he/she became aware of through C around March 27, 2016; (b) the Defendant returned to the Defendant through E app.

The message was sent, and the victim does not refuse to contact.

On March 29, 2016, at around 15:00 on March 29, 2016, a hospital where a victimized person was receiving medical treatment was found to have the victim from that time, and around 12:0 on March 30, 2016, he/she was in charge of the victim's residence.

1. On March 31, 2016, the Defendant, who was forced to commit an indecent act, found the victim to be an apartment house F in Kimhae-si on March 13, 2016, and became the victim at the above apartment playground and became the victim from the time on which he/she met with the victim.

It means that the victim does not refuse to do so.

In addition, the victim continued to be the victim, and at around 14:30 on the same day, Kim Jong-si, Kim Jong-si, the victim was spared by his own descendants, and was forced to commit an indecent act by force.

2. Violence;

A. On March 31, 2016, the Defendant continued to return to the Defendant, on the alley of “I cafeteria” located in Kimhae-si H around 15:10 on March 31, 2016, while the Defendant followed the victim.

However, the victim was the victim;

At the same time, assaulted the victim by means of cutting down the part of the victim with the left hand of the defect about to go to another place.

B. Around 15:40 on the same day, the Defendant continued to stop in the direction of K in the case of Kimhae-si, and assaulted the victim’s shoulder part, etc. twice over two times with his left hand, by stating that the Defendant was about to report the Defendant on board the bus.”

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each protocol of statement to M and D prepared by the police;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (which acknowledges and reflects his or her mistake, and there is no previous conviction.

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