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(영문) 서울동부지방법원 2015.12.24 2014고단2776

강제추행등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. At around 00:10 on July 1, 2014, the Defendant committed an indecent act by compulsion by force, such as using the victim “E clubs” operated by the victim D (V, 59 years of age) under the Songpa-gu Seoul Songpa-gu Seoul Underground, by using the victim’s “E clubs” in his/her own rear, humping his/her head, and knife his/her head.

2. On July 1, 2014, around 03:30 on July 1, 2014, the Defendant injured the Defendant, who received clothes only from the places indicated in the preceding paragraph, that the said victim “I still have the police,” and the defect “packer” caused the Defendant to inflict an injury on the Defendant, i.e., the Defendant, who was in need of medical treatment for about 14 days, by cutting down the victim’s chest part by hand.

Summary of Evidence

1. Each legal statement of witness D and F;

1. Each police statement made to D or F;

1. Written statements of D;

1. The victim D and F’s statement in the injury diagnosis report is consistent and specific with the criminal investigation agency’s act, content of damage, the victim’s perception and response, the situation before and after the crime, and the victim’s statement is not inconsistent with the situation at the time of the crime, and there are no other circumstances where the victim’s false statement is likely to be posted on the victim’s statement. The credibility is acknowledged in light of the following: (a) the victim’s statement in this court was provided several medical treatments from the hospital immediately after the case, and (b) the victim’s statement was provided several times at the hospital.

On the other hand, G, a police officer called up at the time, testified that he had no memory as to whether he was in the room of the business of this case and that he was assaulted by the victim at the court. However, although there was a statement that D was prepared at the time and submitted to the police officer, it was stated that “I am off and her clothes in front of the travelling police because I am out of her clothes or her clothes because I am unfolded.”