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(영문) 서울북부지방법원 2016.05.12 2015고단4378

강제추행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

After the Defendant became aware of the Victim C (V)’s access to the “sing room” operated by Gangnam-gu Seoul Metropolitan Government, Gangnam-gu as a customer, and then became aware of the Victim:

1. On September 16, 2015, the Defendant, at around 21:53, committed an indecent act by force against the victim, who is the owner of the above “singing room” corridor, with the victim’s own hand, by putting the victim’s shoulder.

2. On September 27, 2015, the Defendant, on September 27, 2015, committed an indecent act by force against the victim, who was the owner of the business who was in a singing room in the above “sing room” corridor, by attaching the victim’s chest on his own hand.

Accordingly, the defendant committed an indecent act on the part of the victim twice.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. The defendant asserts that there was no indecent act, such as an indecent act by the victim's body against the CD image and each photograph (the defendant and defense counsel).

The victim’s statement in the court and the police is recognized as credibility in light of the following: (a) the defendant’s act, the content of damage, the perception and response of the victim, the situation before and after the crime; (b) the CCTV images taken at the time of this case coincide with the CCTV images taken at the time of the crime; and (c) the circumstances in which the falsity is posted on the victim’s statement are not visible; and (d) therefore

In addition, in light of the circumstances leading up to the above act, the form of such act, etc., the above act by the defendant was committed against the victim's sexual freedom by causing sexual humiliation or aversion and contrary to good sexual morality.

Therefore, it is reasonable to view that the crime of indecent conduct constitutes “indecent conduct” as provided for in the crime of forced indecent conduct, and the Defendant’s intentional act may also be sufficiently recognized.

Therefore, according to each evidence of the judgment, the application of the law is sufficiently recognized that the defendant committed an indecent act against the victim.

1. Relevant Article of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts (Selection of Imprisonment).

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