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(영문) 춘천지방법원 강릉지원 2017.07.11 2016고단1612
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the president of the restaurant, and the victim D (n, 25 years old) is the cafeteria.

From August 29, 2016, from around 23:00 on August 29, 2016, the Defendant: (a) from around 23:00 to around 23:00, while drinking alcohol while drinking alcohol with the victim, (b) while drinking alcohol with E; (c) upon drinking alcohol in excess of the amount of alcohol; (d) on the ground that there is a school curriculum following the following day, E first takes the alcohol in the above restaurant; (c) from around 03:50 on August 30, 2016, around 03:54, the Defendant saw the victim into the above restaurant; (d) put the victim into the victim’s entrance; (d) flord the victim’s chest on the right side by hand, and (d) flord the victim, and (e) flord the victim and flord the victim, despite the fact that the victim had a mind, and flord the victim and flord the victim.

Accordingly, the Defendant, under the influence of alcohol, committed an indecent act against the victim in a state of resistance.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a criminal investigation report (in the form of a C cafeteria or outside investigation);

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16(2) and (4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes committed by the Defendant and his defense counsel asserts that the Defendant did not commit any indecent act against the victim as stated in the facts constituting an offense. However, the Defendant and his defense counsel asserted that the Defendant did not have committed any indecent act against the victim. However, the Defendant and his defense counsel asserted that ① the victim made a relatively consistent and concrete statement from the investigative agency to the court, including the situation in which he committed an indecent act, ② the victim does not seem to have any special circumstances enough to gather the Defendant by falsity, ② there is no way to actively demand the Defendant to reach an agreement after the crime, ③ the victim’s statement or attitude in the court,

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