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(영문) 의정부지방법원 고양지원 2018.08.09 2018고단596

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

The defendant is the victim B (the 19 years of age at the time, the death of July 12, 2017) and the Japanese Department of D D University located in Seoul, and is the motive of the study 2016.

At around 09:00 on October 1, 2016, the Defendant committed an indecent act against the victim by putting his/her fingers in the department of Japan, where the Defendant was located in the above university’s student hall, and putting them into the part of the injured party his/her seat, as well as in order to attract him/her to the part of the injured party, and as such, the victim, where he/she can be said to be “defacing,” and as if he/she is said to be “defacing,” he/she would lose his/her fingers if he/she puts his/her fingers into the part of the injured party.”

Summary of Evidence

1. The fact that the fingers are put in the presence of the injured person, the statement in itself, and some of the accused's statutory statements;

1. Copy of the report of reported case;

1. Determination as to the Defendant and the defense counsel’s assertion in the defense counsel’s written opinion (Evidence No. 52)

1. The alleged defendant and his defense counsel did not have the intention of forced indecent act merely because the defendant and his defense counsel had the fact that he puts his fingers into the victim's injury as stated in the defendant's criminal facts, but it was the provoking of the deduction of his fingers even.

The argument is asserted.

2. In full view of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, the Defendant committed an indecent act by force in the course of committing the act of inserting the victim’s fingers into the victim.

The decision is judged.

Therefore, the above argument is not accepted.

① On October 6, 2016, the victim stated in the sexual assault counseling room in the university, five (5) days after the occurrence of the instant case, and if the content stated in the report of the Special Committee on the Sexual Violence Counseling Center in the university, dated October 12, 2016, is transferred as it is, the following ( X refers to the Defendant).

However, the state of drinking has taken a lot of alcohol.