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(영문) 인천지방법원 부천지원 2018.03.28 2017고단2879
강제추행
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

At around 03:00 on August 2, 2017, the Defendant d and 205, while drinking the Victim E (n, 22 years of age) and drinking at the Defendant’s house, she frightly with the Victim, she shall be fit for the Victim’s entry, she shall have the part of the Victim’s body covered by hand, she shall have the Victim’s her body, and even though she expressed his/her intention of refusal, she shall have his/her fingerd into the Victim’s chest, and her fingerd into the Victim’s chest, and became the outer part of the Victim’s panty and panty by inserting his/her hand into the Victim’s inner part.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Statement protocol by the police for E;

1. Report on internal investigation (F dialogue content) and application of Acts and subordinate statutes to investigation report (F dialogue content);

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Determination on the Defendant and his/her defense counsel’s assertion under Article 16(2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by community service order and lecture attendance order

1. At the time of the summary of the claim, the injured party laid down his body on the Defendant’s left side and returned his body to the Defendant’s body, and the injured party brought his own left part to the Defendant’s her own dancing and brought his own part to the Defendant’s body without a human being.

In the course of dancing, there was no resistance at all by the injured party even if they were passive.

In this way, the defendant and the victim had been faced two times in the potteries, and they did not go further to Skins.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the Defendant can be found to have committed an indecent act against the victim as stated in the facts constituting an offense.

. Defendant and defense counsel;

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