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(영문) 서울동부지방법원 2018.09.14 2018고단1240

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 29, 2017, around 03:18, the Defendant: (a) discovered the victim D (Woo, 31 years of age) in Gwangjin-gu Seoul Special Metropolitan City; (b) followed his female in front of the E-B lending entrance; (c) brought the victim into the Defendant’s two arms after the victim who was temporarily set off to open the entrance; (d) brought the victim in the Defendant’s body with the Defendant’s two arms; and (e) took the victim into a canter for about one minute, for the Defendant to leave the entrance.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against D;

1. On-site reports, investigation reports (on-site inspections, etc.), and each investigation report (the phone conversations of nearby CCTV images, 112 reported processing records of the case, telephone conversations between police officers, telephone conversations of the suspect, police officers who reported protective measures, the conduct of the suspect after the crime, comprehensive movement of the suspect, perusal of images by the police officer in charge of protective measures, search inspection warrant, execution of warrant for search

1. The scene of the crime and photographs of the escape route;

1. The defendant and his defense counsel asserted that the taxi fee was paid by his own credit card around 02:13 and around 03:30 on the day of the instant case, and that the subordinate and the point of riding of the said taxi were "G", so it is acknowledged that there was an indecent act in G, such as the place where the indecent act was committed during the instant hours, but that there was no indecent act by force against the victim as stated in the facts constituting the crime in the judgment.

However, according to each of the above evidence, such as police officers' statements sent out after receiving a report that a drunk person was drunk, prior to the crime of this case, the male who was fladddyed on the chest was under the influence of alcohol and was in the vicinity of the site of this case. The increase in the male's appearance near the site of this case, while under the influence of alcohol as seen above, was identical to the increase in the person who committed an indecent act on the victim at the scene of the crime. The male's appearance that was in the vicinity of the site of this case, immediately after the criminal escaped at the site of this case, was 03:24 on the day of this case.