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(영문) 부산지방법원 2018.01.24 2017고단5127
강제추행
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 8, 2017, at around 00:0, the Defendant committed an indecent act by force against the victim E (V, 70 years of age) who was hospitalized in the same hospital D Hospital 606 located in Geumcheon-gu, Busan, and was living in another beds in the same hospital.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. 112 Claim that the report processing table, investigation report (on-site conditions, etc.), on-site photo, investigation report (as to attaching photographs inside a hospital 606 hospital room), photograph [the Defendant] that the Defendant was merely a bridge of the victim of the waterway during the cooling season in a state in which it cannot be seen well before and after the operation of the inception plant, while drinking water in a state in which it cannot be seen well before.

However, in full view of the evidence in the judgment, the defendant argued that the police station stated that "I would like to open a cooling door with the left hand and take the bridge of the victim in order to write a speech by hand." However, the defendant did not have a cooling house in the vicinity of the beds where the victim in the sick room (it is installed in the inside part of the victim), ② the defendant was discharged from all of the patient clothes at the time, ③ the victim was knee of the victim by hand, ③ the victim was knee of the victim from knee of the victim to kne, and the victim was placed in a state where the victim was kne of kne, and the victim was flicked (the part of the bridge was flicked at the time of the collision).

In light of the fact that the defendant is walking with a shoulderer and stated on his/her bridge, etc., the application of statutes is difficult to accept the defendant's argument as it is).

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act (the following sentencing) provides for suspension of execution.

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