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(영문) 인천지방법원 부천지원 2020.06.24 2019고단3831
강제추행
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

In March 2019, the Defendant came to know the victim B (the name, the age of 21) through a glamping mix which was held around March 1, 2019, and contacted the victim B on April 1, 2019.

At around 18:40 on April 1, 2019, the Defendant promised to talk with the victim at Mandong-gu, Incheon Metropolitan City, but the victim continued to have been in the same way as the victim, who wants to return home without setting a place, and wanted to go home. The Defendant agreed to do so and entered the hotel C hotel D heading in Nam-gu, Incheon Metropolitan City.

At around 21:28 of the same day, the Defendant heard from the victim the phrase “to come, to come, to come,” that the Defendant was waiting for delivery orders for eating,” and that “to get off the Defendant’s chests by hand,” and the Defendant got off the Defendant’s chests by hand while getting off the Defendant’s own arms near the Defendant intending to directly grow.

Although the victim was refused to do so, the defendant was unable to take the victim's hand by one hand while stating "I am only." and the victim's chest was promptly fluent by raising his son.

Accordingly, the Defendant committed indecent act against the victim by assault.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement prepared B;

1. Details of text messages;

1. Results of appraisal;

1. Application of statutes on site photographs;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. It shall be decided as ordered on the grounds of Article 16 (2) or more of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes;

The reason for sentencing - The crime of this case is not suitable in light of the nature and degree of the indecent act.

- The Defendant was unable to receive suspicion from the victim.

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