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(영문) 인천지방법원 부천지원 2018.03.23 2018고합28
강제추행치상
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2, 2017, at around 03:42, the Defendant discovered the victim E (name, 27 years of age) who sited in, and talked with, a corridor in, Kimpo-si D, Kimpo-si, and started to talk with a corridor in order to compel the victim to commit an indecent act. The Defendant forced the victim to take the victim's hand by cutting off the bags used by the victim, and forced the victim's hand, leading the corridor of the first floor of the D, and forced the victim to return the Defendant's hand, and changed the victim's hand, and "A B B B B," the Defendant saw the victim's bridge, and moved the victim's body into, a female toilet on the first floor in the second partitions, and caused the victim's left part of the victim's body in the process.

When the victim resisted to go out of the toilet, the defendant tried to go out of the body of the victim three times with his hand, and forced the victim to go out of the body of the victim.

However, after the victim was pushed the defendant out of the toilet, the victim did not go to dyp and failed to go to do so.

As a result, the defendant tried to force the victim to commit an indecent act, but he did so, and suffered the victim's unclaimed left-hand side of the treatment days.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E;

1. Recording notes of E;

1. Application of the Acts and subordinate statutes on visual images of commercial CCTV, damaged photographs, CCTV photographs of D buildings, and on-site photographs;

1. Relevant Article of the Criminal Act and Articles 301, 300, and 298 of the Criminal Act concerning the crime, and the choice of imprisonment for a limited term;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. Article 16 (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Social Service Order;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. An order of disclosure and notification;

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