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(영문) 서울북부지방법원 2016.11.10 2015고단3363

강제추행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At around 04:00 on May 2, 2015, the Defendant: (a) completed the calculation at the 'E' main point of the operation of the first floor C underground of Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, Seoul; (b) lost identification cards and physical fitness cards at the above main point; (c) reported the victim F (n. 25 years of age) of an employee to leave the entrance of the said business site to the first floor stairs in order to get out of the opening of the entrance of the said business site when the business was closed; and (d) used the victim’s chest by using the victim’s hand.

Accordingly, the Defendant committed indecent act against the victim by assault.

2. The Defendant assaulted the victim by putting the head of the victim’s roots on the same date and at the same place as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses F and D in the second protocol of the trial;

1. The credibility of a criminal investigation report (the statement of a police officer dispatched to the 112 reported site) (the victim's legal and investigative agency's statements are consistent and specific about the defendant's act, content of damage, the fear and response of the victim, the situation before and after the crime, the fact that the statement does not seem to be false, and the statement is consistent with D's statement. Accordingly, according to each evidence of the holding, the application of the law applies to the defendant's act, the defendant's indecent act and assault against the victim).

1. Relevant Article 298 of the Criminal Act, Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the choice of imprisonment with labor for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend lectures;

1. The accused under Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;