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(영문) 인천지방법원 2016.06.07 2015고단7829
강제추행
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

The Defendant shall operate the “E” on the 2nd floor in Incheon Gyeyang-gu D and Twitner.

On August 8, 2015, at around 18:30, the Defendant committed an indecent act by force against the victim, such as having the victim sit on the floor of the victim F (F, 20 years of age) and left the upper body in a state where both sides are faced with the floor, making the victim sit on the floor, leaving the upper body back in the future, and taking the victim's bucks by hand, taking the responsibility of the victim's bucks into the front and panty, making the victim's bucks up into the back, making the victim's bucks under the buck, and making the victim's buck down, and causing the victim's chest.

Summary of Evidence

1. Each legal statement of F, G, and H;

1. Statement made by the police with regard to F;

1. The F’s statement [The Defendant denied a crime, but according to the aforementioned evidence, the F made a concrete and consistent statement as to the circumstances where the victim F was committed from the police investigation stage to the present court, as well as the circumstances where the crime was committed. Such statement is not inconsistent with the monetary content between the victim F, G, H, etc. committed after the instant crime, and is otherwise made a false statement.

There is no circumstance to consider.

Therefore, the criminal facts of the judgment are found guilty because they are sufficiently reliable in their legal statements, police statements, and written statements.

Application of Statutes

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. Article 16(2) and 16(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against the Order to Attend Education and Social Service Order did not recover damage on the grounds of sentencing under the circumstances unfavorable to the Defendant. In other words, the Defendant’s detention seems to cause an excessive difficulty to his/her family members, considering the favorable circumstances, and the Defendant’s age, gender, as shown in the records and arguments of the instant case.

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