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(영문) 의정부지방법원 2018.10.24 2018고합276
강제추행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant does not have a well-known place from the victim B (V, 20 years of age) who was a branch around March 7, 2018.

“Rework to the house” was contacted and accepted, and became the victim at his/her own residence in the Guri-si, Seoul Building D, around March 8, 2018.

On March 8, 2018, at around 07:0, the Defendant committed an indecent act by force against the victim, by inserting the body of the victim who was divingd on the bed part of the bed part of his/her own residence located in the Guri-si C building D, and by inserting his/her finger back to the victim's inner part, and inserting his/her finger into the victim's chest, and inserting his/her finger into the victim's inner part, thereby spreading the victim's sexual organ into the victim's inner part.

Summary of Evidence

1. Partial statement of the defendant;

1. B Legal statement;

1. A written statement prepared by B;

1. Statement made by the police and the prosecutor with respect to B;

1. A written statement prepared by the defendant;

1. A protocol concerning the police and examination of the suspect against the defendant;

1. The screen of a message closure;

1. A report on investigation (in the field investigation of damage) and on-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (Listening to statements at workplace rent);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Criminal Act chosen to punish a criminal;

1. Six months of imprisonment to be suspended;

1. Article 59(1) of the Criminal Act (referring to the opinion on sentencing of jurors below) of the suspended sentence;

1. Article 47(1) and Article 49(1) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes Exempted from an employment restriction order, proviso to Article 49(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse, proviso to Article 50(1) of the Act on the Protection of Juveniles from Sexual Abuse, proviso to Article 56(1) of the Act on the Protection of Children and Juveniles from Sexual Abuse [this case’s crime history, Defendant’s age, sex, social ties, social ties, criminal records (no history of sexual crimes) and the risk of recidivism, the benefits and effects expected by an order to disclose or notify, the disadvantages and side effects expected by such order, etc., shall not be disclosed or notified, and employment shall not be restricted.

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