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(영문) 서울남부지방법원 2018.11.14 2018고단2490

강제추행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 23, 2018, around 23:16, the Defendant discovered the victim name D (at 23 years of age) (at 1st exit located in Yangcheon-gu Seoul Metropolitan Government) and committed an indecent act by force against the victim by his/her hand, by making his/her mackt only once.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness D;

1. Application of Acts and subordinate statutes to one CD;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse

1. The gist of the assertion was that the Defendant did not commit the instant crime, and at the time of the instant case, another male, other than the Defendant, was in close distance to the victim.

The victim may have been aware of the offender due to the decline in the ability of the victim to recognize the offender.

It is difficult to believe that the statements of the victim's investigative agency and this court are not consistent.

2. The victim, who is judged, she was sleeped while her in a male-friendly telephone with the investigative agency, and she was slicking by her her slock with her slock in his/her hands, and her male.

사 과하라고 하였는데 발뺌하고 걸어 올라가서 붙잡아서 사 과하라고 했다.

“A statement was made to the effect that it was “,” and in this court, “I am am her mort in a situation where he knows who is later in the currency, and I am her her mort and first her her mort.

Therefore, I would like to look at why why they would be why they would go out of the exit.

“The statement was made to the effect that “........”

Each of these statements made by the victim are consistent and concrete to the effect that anyone was sick in which he was sick and the defendant followed.

The defendant's expression used by the victim in the investigative agency, that is, "the victim had a male."