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(영문) 서울동부지방법원 2019.01.18 2018고단2915

강제추행

Text

A defendant shall be punished by imprisonment for six 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 is a person who attends a university, such as the victim B (the age of 24) and has no way to visit the university.

On December 19, 2017, at around 08:00-09:00, the Defendant started from D located in Gwangjin-gu Seoul Special Metropolitan City to the F University located in Chungcheongnambuk-gu, and was willing to discover and commit an indecent act against the victim who was seated above the right edge of the bus inside the school bus.

The Defendant kept up with the victim's left hand by unfolding the victim's loss, and even if the victim broken out in the lock, he did so. The Defendant committed an indecent act against the victim by gathering the victim's left hand on the part of the victim's sexual flag by gathering the victim's left hand with his hand. The Defendant's hand spucks and spucks back the victim's body and spucks back the victim's sexual flag, 5-10 minutes after taking back the victim's body and back the victim's body and 5-10 minutes. After taking back the victim's body, the victim's left retail part out of the victim's sexual organ was put back to the victim's sexual flag by gathering the part of the victim's left hand, brought him to the victim's sexual flag by gathering the part of the victim's sex and bringing him back the victim's loss to the victim's sexual flag.

Accordingly, the Defendant was aware that the victim was locked and tried to commit an indecent act by using it, but at the time, the victim was not locked and did not have been in the state of mental or physical disability or failing to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Each investigation report (No. 13, 14 No.);

1. Photographs taken by the defendant at the time of committing a crime, text messages sent and received by the defendant and the victim, and letters prepared by the defendant;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act and Articles 300, 299, 298, and 27 of the Criminal Act concerning criminal facts and the choice of imprisonment;

1. The sentencing under Article 62(1) of the Criminal Act is as follows.