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(영문) 수원지방법원 안산지원 2018.03.14 2017고단3586
강제추행등
Text

A defendant shall be punished by imprisonment for six 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

The defendant, as the workplace rent of the victim B (the age of 25), and the victim C (the age of 25), had the mind that the victims were able to commit an indecent act against the victims of the breath alcohol at the camping meeting conducted by the company.

1. On June 18, 2017, the Defendant was forced to commit an indecent act, at around 02:00, the second floor inside the E-gate located in Ansan-si, Ansan-si, Mansan-si, facing the right side, and then taken the hand back by inserting the hand in the part of the victim B, etc. who was broken down at the diving, and then dh and dh the finger by inserting the hand in the part of the victim. The Defendant continued to put the hand in the part of the victim’s brof, and kh and dh the chest by turning the hand in the part of the victim’s brof, and even if the victim fladds the Defendant’s hand out, the Defendant dnicked his hand in the part of the victim’s breath, and knicked the victim’s am.

Accordingly, the defendant committed an indecent act against a person by assault.

2. The quasi-indecent act Defendant avoided B’s jobs at the date, time, and place described in the above paragraph 1, and followed by the victim C, etc. who was divingd next to the Defendant, she was able to have her grandchildren on the victim’s chest by saving the victim into his left arms.

Accordingly, the defendant committed an indecent act by using human resistanceable condition.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of each police statement protocol to B and C

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Articles 299 and 297 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 Act (including the fact that the defendant is led to confession and reflect, the fact that the defendant has not been punished in excess of a fine, and the fact that the victim does not want the punishment against the defendant by mutual consent between the victims and the defendant smoothly);

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service and Order to Attend Courses;

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