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(영문) 서울남부지방법원 2017.08.18 2017고단623

강제추행등

Text

A defendant shall be punished by imprisonment for six 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

Criminal facts

The accused committed any of the following crimes under the lack of the ability to discern things or make decisions due to mental disorder:

1. On October 6, 2016, the Defendant’s forced indecent act: (a) does not park a vehicle in front of his/her own house on the D private house located in Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) the victim E parked in front of his/her house; and (c) the Defendant does not park a vehicle on the front of his/her house.

It was sound, and why is the victim's ‘satisfy'

’ 고 항의하자 ‘ 씹할 년’ 이라는 등의 욕설과 함께 피해자의 가슴 속에 손을 넣고 유방 젖꼭지까지 세게 잡고서 비틀며 피해자를 바닥에 넘어뜨리는 등 폭행하여 피해자를 강제로 추행하였다.

2. The above date and time of the assault, the husband of the victim, who was in the same place, removed the above head of the report, and the victim committed assault, such as taking the victim's face back by hand, making the 112 report on the cell phone in hand, and taking the victim's face by hand, when the victim tried to make a report on the 112 report on the cell phone in possession of the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Statement protocol by the police for E;

1. The application of the law to photograph [the defendant's defense counsel denies the defendant's forced indecent act and assault, but according to the consistent statement of witness E and the victim's photograph, etc. where the victim's reputation is increased, it is sufficiently recognized that the defendant forced the victim to commit an indecent act and assault as stated in the judgment

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act (the point of forced indecent act, the choice of imprisonment), and Article 260 (1) of the Criminal Act (the point of violence and the choice of imprisonment) concerning the crime;

1. Article 10 (2) and (1) and Article 55 (1) 3 of the Criminal Act ( mentally and physically weak persons) of the Criminal Act to be mitigated by law;

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

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Article 62-2 (1) of the Criminal Act on the observation of protection;

1. The punishment, etc. of sexual crimes exempted from an order to attend a course;