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(영문) 서울남부지방법원 2018.07.25 2018고단878

강제추행

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

At around 13:30 on February 5, 2018, the Defendant committed an indecent act against the victim by forcing the victim by taking the victim’s hand to the Defendant’s sexual organ, making the victim’s hand into the Defendant’s sexual organ, putting the victim’s hand into the Defendant’s sexual organ, making the Defendant’s sexual organ into contact with the Defendant’s hand, and putting the Defendant’s sexual organ into the Defendant’s sexual organ only once.”

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the witness E’s legal statement statutes;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, the choice of imprisonment (the victim shall take an oath in this court as a witness, and the defendant commits an indecent act on himself at the time and place stated in

The detailed statement was made.

The statements about the defendant's specific attitude of indecent act, the circumstances before and after the case, and the emotional testimony and behavior that the victim saw, etc., are consistent with the statements made by the investigative agency after being investigated.

The content was false and tending without direct experience.

It is born, detailed and specific to the extent that it can not be seen.

In light of the victim's legal statement attitude, damage statements are sufficiently reliable.

No motive can be found to make a false statement of sexual crime damage in order to mislead the victim to be punished for the crime of false accusation and perjury and to mislead the defendant.

Therefore, it is recognized that the defendant committed an indecent act against the victim as stated in its reasoning.

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

1. Article 16 (2) through (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed by Order to Provide community service or attend lectures;

1. The circumstances below the reasons for sentencing under Article 56(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse, and the age, sex, environment, etc. of the defendant.