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(영문) 청주지방법원 충주지원 2016.09.23 2015고단601
준강제추행
Text

A defendant shall be punished by imprisonment for not less than eight 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

On November 10, 2014, the Defendant was a victim C (n, 21 years of age) and a person who was a workplace partner. On November 22, 2014, around 22:00, the Defendant met the victim with drinking alcohol, and the victim said that the victim would grow from the two telecomes that would lend the room to the two telecomes, and that the victim would go to the Ecomfors located in Asan City (D) around 23:25 on the same day.

However, the defendant borrowed only one room at that place, and entered a 306 room with the victim, and the victim was locked on the part of the victim, and the defendant was locked on his own from the floor.

On November 11, 2014, from around 00:30 to 04:00 on the same day, the Defendant: (a) in the above 306 heading room, she had the victim locked to commit an indecent act against the victim by using the cresh; (b) was under the influence of the victim, who was locked by the booming the bru on the side of the victim; (c) was under the influence of the victim; (d) laid down the victim’s name and brogate on the part of the victim; and (e) laid down the victim’s chest and brogate on the part of the victim; and (e) took the victim’s chest on the part of the victim

Accordingly, the defendant committed an indecent act on the part of the victim who was in an impossible state of resistance.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Photographs of the scene of crime;

1. Investigation report (or interview, investigation, and CCTV verification and investigation) (or CCTV screen for the owner of the telecomel business);

1. A criminal investigation report (to verifyCCTV and to attach a list of reported cases);

1. A criminal investigation report (Attachment to the F dialogue content exchanged between the suspect and the injured party);

1. Application of the statutes of the response request for appraisal;

1. Relevant Articles of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the facts constituting an offense. Article 299 of the Criminal Act (Selection of Imprisonment);

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Judgment on the assertion by the Defendant and his/her defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Defendant

1. The Defendant, at the time of the instant case, went through the telecom, was naturally and naturally exposed to the victim’s damages on the bed while setting TV from the floor at the bed.

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