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(영문) 인천지방법원 2018.12.20 2018고단4989
강제추행등
Text

A defendant shall be punished by imprisonment 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

The Defendant is a person who visited the “Dud club” located in Nam-gu Incheon Metropolitan City as a customer, and the victim E ( South, 20 years old, and 25 years old) and the victim F (North, 25 years old) are employees and the head of each music club.

1. On April 28, 2018, when the Defendant visited the said “D’s musical club” and moved to room with the direction of the victim E, the Defendant committed an indecent act by force by force by force, as the Defendant’s scambling the body of the victim by pushing the Defendant’s scambling the body of the victim, and driving the victim’s sexual part with the Defendant’s scambened hand over two times, and committing an indecent act by force by force by force the victim’s scambling the victim’s sexual part of the victim’s sexual part with the Defendant’s sambened hand, and continued to bring the victim’s alcohol such as beer and 10 sick in the Defendant’s room, by inserting the victim’s hand into the inside of the victim’s scambling and breast, and by forcing the victim into force.

2. At the time, at the time, at the place specified in the above 1. paragraph (1) above, the Defendant assaulted the Victim E by spiting the victim’s shoulder part of the victim’s e, shacking the victim’s head by hand once in his hand, and committing the Defendant’s act, the victim F, who is the head of the above spite, was spiting the victim’s face to the victim’s face.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Each police statement of E and F [The defendant and his defense counsel asserted that there is no fact that the defendant did not commit any indecent act in the instant forced act, but the evidence duly adopted and examined by this court (in particular, the witness E and F's legal statements) can be sufficiently recognized that the defendant committed an indecent act by force against the victim E as stated in paragraph (1) of the crime, so the above argument is rejected.]

Application of Statutes

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 Code of Aggravation of Concurrent Crimes;

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