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(영문) 광주지방법원 2016.12.09 2016고단3956
강제추행
Text

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

The defendant shall be ordered to complete the sexual assault treatment program for 80 hours.

Reasons

Punishment of the crime

On June 5, 2016, at around 03:25, the Defendant got a convenience store in the area of D located in Gwangju-gu, Gwangju-gu, about 03:25, the Defendant was the victim E (one, two-four years of age) who lost a way to leep and what he had got.

The Defendant saw the victim as “Iddi, Iddd if you time, Idd or spab,” and the victim saw the victim, and the victim tried to talk to the male-gu and continued to walk on it.

The Defendant got away from the victim's knife with the victim's knife and knife the G shooting distance in Gwangju Northern-gu F.

At around 04:05 on the same day, the Defendant: (a) entered the body of the victim who was on the influence of alcohol, and (b) entered the body of the victim after the victim, thereby cutting the body into a narrow public telephone box where the victim was pushed down with both arms while saving the body.

In addition, the defendant had the victim's body suppressions the victim's resistance, and her her mar and her mar of the victim's sexual organ was boomed on the part of the victim and her mar of the victim's sexual organ.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of E (tentative name) and H;

1. Partial statement of the suspect interrogation protocol of the defendant by the prosecution;

1. Each statement made by the police officer in relation to E and H;

1. Each entry of E and H;

1. Entry of a report on internal investigation (investigation into on-site CCTV perusal);

1. The Defendant and his defense counsel in the video of field CCTV CDs did not constitute a forced assault or threat necessary for the establishment of the crime of indecent act by compulsion, and the Defendant committed the same act as the facts charged under the agreement with the victim, and denied the charges.

In the instant case, the indecent act by compulsion is deemed to be an indecent act by assault as soon as an indecent act, and in the case of an indecent act by assault, the assault is against the will of the other party.

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