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(영문) 부산지방법원 동부지원 2018.09.05 2018고단676
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On November 26, 2017, the defendant and the victim B (n, 32 years of age) were not known to each other, and each of their daily behaviors and meetings were held at the D cafeteria located in Daejeon Sung-gu, Daejeon.

On November 26, 2017, the Defendant: (a) 01:10 on November 26, 2017, while flying off the Defendant’s day at the above restaurant entrance; (b) reported the victim’s side; and (c) her hands her tur with the victim’s right side.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Legal statement of the witness B;

1. CCTV images (the defendant and his defense counsel asserts that the defendant did not fel the victim's tum.

However, it is natural that the victim has consistently and specifically stated the damaged content, the Defendant's words and actions, and the process after the crime.

In addition, there is no reason to perceive the victim's knife that the victim knife and knife.

The victim immediately following the instant case resisted the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

Defendant

【Defense Counsel’s argument without merit.】

Application of Statutes

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 56(1) and 56(2) of the Act on the Protection of Children and Juveniles against Sexual Abuse, which orders employment restrictions, does not reflect his/her mistake, and there seems to be no way to seek a letter from the victim.

The victim appears to have a sense of shameed due to the instant case, and the Defendant’s severe punishment was expressed.

Even when considering that the defendant is the first offender, if the method of indecent act and circumstances after the crime are considered, the defendant is seriously punished.

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