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(영문) 인천지방법원 2019.08.23 2019고합196
추행약취등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On April 29, 2018, at the front of the Ccafeteria located in Seo-gu Incheon, Seo-gu, Incheon, the Defendant: (a) discovered the victim D (one, two, and forty years of age) who is waiting for a taxi under the influence of alcohol, waiting for the taxi; (b) had the victim feel in mind to commit an indecent act; and (c) told the victim that he would be able to take aboard the vehicle; and (d) told the victim that “I would be able to come to the house well-known; and (d) tried the victim under the influence of alcohol to drive a vehicle up to the air rolling stock inside the HH Industrial Complex in Seo-gu, Incheon, by having the victim go to go to the front line; and (e) having the victim go to know while sustaining the victim, the Defendant she was able to go to the front line, and driven the vehicle up to the air rolling stock on the water inside the HH Industrial Complex in Seo-gu.

Accordingly, the defendant kidnapped the victim for the purpose of committing indecent acts.

2. A quasi-indecent act by compulsion, as described in paragraph (1), the Defendant kidnapped the victim under the influence of alcohol, and, at around 20:00 on the same day, committed an indecent act against the victim on the ground that: (a) at the HH Motor Vehicle Industrial Airport in Seo-gu Incheon Metropolitan City, the Defendant: (b) committed an indecent act on the part of the victim, who was in a state of unable to resist due to alcohol; (c) let the victim get a part of the victim’s breath;

Accordingly, the Defendant committed indecent acts by taking advantage of the victim’s state of difficulty to resist.

3. The injured Defendant, at the date and time and place indicated in paragraph 2, told the Defendant “a person to the police station”, left the Defendant “a person to the police station,” and opened a front door and opened the victim’s arms in order to get off the floor, and opened the victim’s legs up to the floor, and caused injury to the victim once, on the other hand, at approximately two weeks of treatment.

Summary of Evidence

1. Each legal statement of witness D, E, and I;

1. Each police statement made to D (alias), E, and I;

1. A complaint filed by D;

1. A written diagnosis of injury;

1. Investigation report (in the presence of a complainant and on-site verification);

1. Application of the Acts and subordinate statutes on the screen of and injury to the surrounding closures;

1. Relevant Article of the Criminal Act concerning the crime, Article 288(1) of the Criminal Act concerning the selection of punishment (the point of abduction for the purpose of indecent act), and the Criminal Act.

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