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(영문) 수원지방법원 2017.06.08 2016고단7167
강제추행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 23, 2016, at around 08:30, the Defendant was at issue with the act of indecent act, intimidation, etc. against the nurses and employees of the above hospital, and was requested from the above hospital on the day preceding the day when the Defendant received a demand for discharge from the hospital, and obstructed duties, such as taking a bath for it, assaulting employees, etc., and led to an investigation conducted by the police, the Defendant took an attitude of demanding the above hospital nurse to deliver a letter of commitment to the above hospital, and was able to cause a threat. Accordingly, the Defendant presented the Defendant from the above nurse.

When receiving a request from the victim E (37) who is an employee of the above hospital, who has been in contact with the victim requesting assistance, "bares in this context" was sexualized by having the victim go beyond the floor by making the victim go beyond the floor by keeping the victim's breast part over a single time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Application of Acts and subordinate statutes to investigation reports (CCTV verification);

1. Relevant Article 260 of the Criminal Act and Article 260 of the Criminal Act (1) and the choice of punishment for the crime;

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

1. Determination as to the assertion by the defendant and his defense counsel under Article 62-2 of the Criminal Act on the observation of protection and observation

1. The summary of the argument is the fact that the defendant's hand-on of the defendant's hand-on of the victim E's chest or shoulder is in contact with the victim E's chest or shoulder, but this is a legitimate defense or a legitimate act, which is caused in the course of resistance against E's violence.

2. Determination

A. For a certain act to be recognized as a legitimate defense, the act is to protect the current infringement of one’s own or another’s legal interest, and its reasonableness is required. Therefore, a legitimate defense against an unlawful legitimate infringement is not recognized.

At this time,

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