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(영문) 서울북부지방법원 2019.06.13 2018고단5313

강제추행등

Text

The punishment of the accused shall be eight months by imprisonment.

The defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

1. On August 5, 2018, the Defendant: (a) around 03:20 on August 5, 2018, at the 3 table table of “C” in the third floor of the building B in Gangseo-gu Seoul, Gangnam-gu, Seoul; (b) on his own hand, the victim D (the 33 years old), who is a paper-based business, met, and even though the victim said the victim as “drawing,” the victim called “drawing,” the victim’s chest was replaced by the victim’s chest.

Accordingly, the defendant committed indecent acts by force against the victim.

2. When the Defendant committed an indecent act against the victim at the time and place stated in Paragraph 1, the victim 2 was scambling the victim’s face with the victim’s scam by hand with the victim’s hand.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. On-site photographs, business registration certificates, and receipts;

1. CCTV closure photographs and CCTV image CDs (the defendant and his defense counsel) are denied part of the charges that there is no fact that the defendant committed an indecent act with the intent to commit an indecent act, and that the defendant committed an indecent act on his chest. However, the victim D specifically states the contents of the specific indecent act in this Act and in the investigation agency, the victim’s behavior and subsequent facts that the defendant committed assault against the victim, etc., immediately after the indecent act was committed by the defendant, and the victim’s behavior and the defendant. The victim’s statement is credibility in light of the victim’s statement’s attitude, etc., and the victim’s statement is not likely to be false unlike the statement, in light of these circumstances, and all other evidence including CCTV and CCTV. Comprehensively taking account of the victim’s statement and other evidence including the victim’s CCTV, it can be acknowledged that the defendant committed an indecent act including chest, as recorded in the facts of crime, the defendant committed an indecent act. The defendant and his defense counsel’s assertion is not

1. Article 298 of the Criminal Act concerning the applicable law of the crime, the choice of punishment, and indecent acts by compulsion;

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