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(영문) 대전지방법원 2017.09.07 2017고단401
상해등
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

1. On December 14, 2015, the Defendant had a usual sense of view as a member of the same company in the room of CD heading room at CD at the time of racing, and had a business trip with the victim E (V, 27 years of age) together with the victim E (the victim E). The Defendant forced the victim to engage in an indecent act by drinking alcohol, including the victim’s inception.

2. On August 29, 2016, the Defendant, at around 22:00, returned home to a boarding room with a business trip in front of the Festest in the U.S. in the U.S., the Defendant: (a) sought to put the victim’s shoulder up and forced to put the victim’s shoulder. However, the Defendant failed to bring the victim’s kis by having the victim refuse to do so on his/her hand; and (b) failed to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G and H;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Articles 300 and 298 of the Criminal Act, and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Determination on the assertion of the Defendant and his/her defense counsel under Article 62-2 of the Criminal Act, Article 16(2) and Article 16(4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. As to the indecent act by force on December 14, 2015

A. The gist of the argument is that the defendant puts the victim a key, but this was committed in the process of provokinging the victim who had a sense of reputation, and there was no intention to commit an indecent act, and there was no assault or intimidation to the extent that it would make it difficult for the victim to resist, and the victim did not express any intent or displeasure to reject, and the above act by the defendant does not constitute an indecent act to the extent that the victim’s freedom of sexual self-determination is contrary to good sexual moral sense or that it does not constitute an indecent act to the extent that it would be infringed.

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