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(영문) 서울서부지방법원 2017.04.26 2016고단3981

강제추행등

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

1. On December 1, 2016, the Defendant forced indecent act committed an indecent act against the victim’s will by forcing the victim E (V), who was under the influence of alcohol, to take the victim E (V, 23 years of age), who was employed as a principal employee in the state of “D” located in Mapo-gu Seoul Metropolitan Government, to take the victim’s chest back from behind to his/her hand, and by committing an indecent act against the victim’s will.

2. The Defendant insulting the Defendant at the place indicated in paragraph 1 at around 00:00 on December 2, 2016, “the Defendant fluort the Defendant’s happiness.”

“A victim F, who is a police officer, who received a report on 112 and dispatched to the site, prevented the Defendant. As many customers, such as G, who is an employee of the shop in front of the main room, were considered to be “Chewing, Chewing. Chewing........” The victim publicly insultingd the Defendant during the hearing of a large number of customers, including G, etc. who are public officials of the police station.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police to F and E;

1. G statements;

1. Application of the Acts and subordinate statutes concerning on-site photographs, CCTV image closures, and CCTV storage;

1. Article 298 and Article 311 of the Criminal Act concerning the facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (within the scope of the sum of the long-term punishments for two crimes);

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

1. According to the CCTV images on the grounds of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant and the statements by the victim, it is sufficiently recognized that indecent acts, such as the Defendant’s chest, etc., were committed by the Defendant, and the victim appears to have been exposed to a considerable sense of sexual shame, but the victimized police officers are not subject to the victim’s letter of appearance, and the victim’s bruting to the police officers in uniform also brut the considerable amount of insult. However, the criminal liability is not easy, but the Defendant’s mistake is against himself/herself, there is no history of punishment exceeding the fine, and the sentencing conditions indicated in the record, such as age, sexual behavior, environment