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(영문) 서울서부지방법원 2017.11.17 2017고단925

강제추행등

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

1. On February 19, 2017, the Defendant danced the victim E (V, 26 years of age) at D located in Mapo-gu Seoul Metropolitan Government and around 07:50 on February 19, 2017

However, it was refused to fight, and the victim was forced to commit an indecent act by force as the victim's chest was used by both descendants.

2. The Defendant, on his hand at the same time and at the same place as paragraph 1, assaulted the victim by walking the victim’s bridge on one occasion and walking the victim’s bridge.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the examination of the police officer in G;

1. Each police statement made to E and F;

1. E statements;

1. A report on investigation (to investigate and report the recording of a witness H phone), and a report on recording;

1. Although the Defendant denies the fact that he committed a crime of indecent act against the victim’s CCTV CCTV, in particular, the investigation agency and the legal statement of the victim E, in light of the consistency, logic, and the parts that memory, the time and the part that is not memory, the change of the reputation of the third party’s statement, whether the statement conforms to the third party’s statement or social norms, and the degree of legal statement attitude, etc., it can be sufficiently recognized that the crime of indecent act in the judgment can be committed by comprehensively taking into account the evidence such as the victim’s statement and CCTV images.

Application of Statutes

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

2. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is added up the maximum term of the above two crimes).

3. Article 62 (1) of the Criminal Act on the suspension of execution (The following sentencing shall be considered as favorable circumstances, etc. in the light of the importance of sentencing):

4. Grounds for the sentencing of the main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against an order to attend school

1. Recommendation and sentence of the sentencing criteria: Two to one year and five months when a sentence of imprisonment is chosen;