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(영문) 서울남부지방법원 2014.07.11 2014고단143

강제추행

Text

A defendant shall be punished by imprisonment for not more than ten 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

The Defendant, around August 31, 2013, performed drinking together with the victim F (F, 19 years of age) and G, and H in the Ecom room located in Gangseo-gu Seoul Metropolitan Government Ecom, and performed drinking, and the victim was able to do so by the victim's chest by drinking next to the victim's report that he was able to do so. The victim's chest by inserting his finger into the victim's panty, knife the victim's knife into the victim's knife, knife the victim's knife, knife the victim's body, and expressed his intention of refusal, even though the victim followed the victim's body and expressed his intention of refusal, the Defendant continued to force the victim's knife by hand, resulting in the victim's knife and knife the victim's knife, and committed indecent act by force.

Summary of Evidence

1. Legal statement of witness F and G;

1. The prosecutor's statement concerning the F;

1. The police statement concerning G;

1. The defendant and his defense counsel asserted that there was no indecent act on the part of the defendant and his defense counsel as stated in the facts of crime. However, the defendant and his defense counsel asserted that the defendant and his defense counsel did not commit the indecent act as stated in the facts of crime. ① The victim made a relatively consistent and concrete statement from the investigative agency to the court, including the situation in which he committed an indecent act, and the circumstances and the process in which he reported the defendant to the investigative agency, ② the victim did not appear to have any special circumstances enough to gather the defendant with whom he made a false appearance; ② the victim did not request the defendant to make a false statement, and even in light of the victim's statement contents or his attitude in court, it is difficult to view that the victim made a false statement even when considering the victim's statement or his attitude, etc., and ③ the victim did not directly make any direct objection to the indecent act of this case from the time of the indecent act of this case to the time when she come from the her motherel to the time of the victim's statement and the court statement.