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(영문) 서울중앙지방법원 2017.02.10 2016고단2106

준강제추행

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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 29, 2016, around 03:30 on January 29, 2016, the Defendant is called “water room” in the sobry soup indictment in Gangnam-gu Seoul, Seoul, but according to evidence, the place where the instant crime was committed is not a water room, but a sobry room.

Since it appears by mistake and there is no disadvantage in exercising the defendant's right to defense, it is corrected and recognized.

In the case of the victim F(n, 21 years of age) who is coming from the defendant's side, the hand was collected by putting the hand into the inner part of the victim F(n, 21 years of age).

Accordingly, the defendant committed indecent acts by using the victim's resistanceable condition.

Summary of Evidence

1. Each legal statement of witness F and G;

1. In determining the credibility of a statement made by a victim, etc. to support the facts charged at the police and the prosecutor's office, the court shall not reject the statement without permission, unless there exist any other evidence that can objectively be objectively acceptable in light of the following legal principles and evidence presented by the victim, such as the appearance or attitude of the witness who is being sworn in the presence of a judge before a judge, and the pen of the statement, which are hard to record in the witness examination protocol, after being sworn in the presence of a judge (see Supreme Court Decision 2008Do7917, Jan. 30, 2009, etc.).

(1) The aggrieved person shall act of the accused.