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(영문) 광주지방법원 순천지원 2019.01.25 2018고단82

강제추행

Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Defendant B’s summary of the “D” on October 24, 2016, around 22:00, at the Hacheon-si, Hacheon-si, and the third floor around 22:00.

At the main place of week, while drinking alcohol together with the behaviors of the victim E (at the age of 52), he went to the victim who had talked in front of the stage.

The defendant, while shouldering the victim, laid his face into the face of the victim, saw him into the victim's face in front of the victim's face, saw him into the victim's lusium in front of the victim, and continued to see the victim's lusium from the back to the back of the victim, and put him into the lower chest of the victim's chest.

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

2. Defendant A, at the time and place specified in paragraph (1), carried out drinking together with the above victim E, while drinking together with the above victim E, Defendant A went to the victim who sing around the stage.

When the Defendant shouldered the victim, the victim's face is unfolded to the victim's face, and B, like paragraph (1), saw that the victim's face from forward to the victim's face, he saw the victim's her her face into the victim's her arm's her face, and her her her her her her her her her t

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

Summary of Evidence

1. Application of the respective statutory statements made by witnesses E, F, G and H to the Acts and subordinate statutes;

1. Relevant Article 298 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment with prison labor;

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

1. The Defendants and the defense counsel asserts that the Defendants did not have any physical contact at all at the time of singing, under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendants.

However, the victim's statement is generally consistent, F and G are also clearly stating the fact of the victim's witness, F and G are especially speaking, F have observed the damaged situation and stated that they had been seriously different from the defendants, and H are relatively friendly for the defendants.