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(영문) 서울중앙지방법원 2013.10.23 2013고단3581

강제추행

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 4, 2012, at around 21:00, the Defendant, while drinking alcohol together with the victim G (n, 46 years of age) in Gangnam-gu Seoul, had talked with the victim to have sexual contact with the victim, had a talk to the victim. On the other hand, the Defendant pushed the victim over a spath with the spath, biffing the spath of the victim, and biffed the victim's second hand, and biffed the victim's second hand, and biffed the victim's resistance and biffed the victim.

The defendant, while the victim was her part of the victim's body, she pushed the defendant again, and then she was her part of the victim's chest, her part of the victim's clothes were her part of the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Some prosecutors and police suspect interrogation records of the accused;

1. The prosecutor's statement concerning G;

1. Application of Acts and subordinate statutes to evidence photographs (on-line text messages);

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The Defendant asserts that on July 4, 2012, the victim and his/her behaviors together with his/her singing room are memory, but he/she returned to his/her house prior to drinking exceeding his/her usual level, and that he/she did not commit an indecent act against the victim.

According to the records of this case, on July 23, 2012, the victim loaned KRW 50 million to the defendant's business (the forest sale business-domination event) on July 23, 2012, which was after the victim committed the crime of this case from the defendant, for the purpose of investing in the defendant's business (the forest sale business-domination event), the victim sought meals from the defendant for the purpose of supporting the defendant to hold the Domination event. After the event, the victim allowed the defendant and his employees to attend a meeting, and there was a conflict between the defendant and the victim due to the repayment of the loan after the completion of the Domination event.