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(영문) 창원지방법원 통영지원 2015.12.11 2014고단1066
강제추행
Text

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

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

Reasons

Punishment of the crime

At around 13:00 on September 25, 2014, the Defendant: (a) entered the Defendant’s house located in Tong Young-si, through through Dong Young-si, with a view to discussing the Defendant’s friendship; (b) brought the victim D (n) (20 years of age) into the Defendant’s family room inside the first floor; (c) brought the victim’s shoulder by his own hand; (d) put the victim’s shoulder into the victim’s shoulder by force going on the part of the victim; and (e) put the other hand into the victim’s left part of the part; and (e) put other hand into the victim’s chest with his clothes on the victim’s upper part; and (e) put the victim’s right part into the victim’s clothes once.

The Defendant continued to attract the victim's grandchildren to the second floor, followed by putting the victim on the shoulder of each part of the victim, putting the victim on this right side, putting the victim on the right side of each bridge of the victim, divided the victim's left shoulder, and prevented the victim from resisting the victim, and put the victim under force.

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

Summary of Evidence

1. Legal statement of witness D;

1. Statement by the prosecution concerning D;

1. Each report on investigation;

1. The application of laws and regulations to reply to the order for submission of KS (D's statement is consistent with this law and the investigative agency, the circumstances and contents of the statement, and the relation with the defendant, and comprehensively taking account of the remaining evidences, it is sufficiently recognized that the defendant committed an indecent act against the victim, such as the date and time stated in the facts constituting the crime, and at the place stated in the judgment of the defendant).

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

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

1. Where a conviction becomes final and conclusive on the facts constituting a sexual crime subject to the registration of personal information under Article 62-2 of the Social Service Order Criminal Act, the accused shall be punished for a sexual crime.

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