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(영문) 서울서부지방법원 2018.06.11 2017고단3227

준강제추행

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On May 21, 2017, the Defendant, at the main point of “D” located in Mapo-gu Seoul on May 21, 2017, had a victim E (n, 19 years of age) and a joint member, and had a victim E (n, 19 years of age), and had a victim and a victim move to a “F” main point of “F” in the vicinity.

From around 04:00 to 07:00 on May 21, 2017, the Defendant: (a) at the H Sing practice place located in Mapo-gu Seoul Metropolitan Government, and (b) at the H Sing practice place, the Defendant: (c) together with the victim, talked with the victim about the gap in which the victim was locked; (d) put the victim under the part of the victim’s finger and kid; and (e) provided the victim with his/her finger, but the Defendant was given an opportunity to commit an indecent act against the victim as he/she was avoided from the victim; (b) the victim was fluened with the victim’s chest and sect; and (c) the victim’s chest and sected with his/her finger and her finger by hand.

As a result, the defendant committed an indecent act on the part of the victim by using the victim's resistanceable condition.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the prosecution against E;

1. A criminal investigation report (to hear statements from a witness I by telephone), a criminal investigation report (to hear reports from the State and a public health research official's statement);

1. Investigation report (Attachment of the result of response to a request for appraisal);

1. The recorded file CD CD (the part that the injured person was under the influence of alcohol at the time of an indecent act but whose memory is not clear, prior to diving, the Defendant sought to display his/her finger and sought to spread his/her finger by inserting his/her fingers into the victim’s fingers, and the part that his/her sexual flag was bread by spreading his/her fingers shall be stated consistently as a substitute;

In light of the investigative agency and the attitude of the victim in this court, there is no circumstance to make a false statement, and the victim's panty was out of the victim's panty after an indecent act, and the victim's panty was in a state of being out of the victim's panty, and the amount of the victim's panty and breast part of the victim's panty.