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(영문) 서울북부지방법원 2015.09.24 2015고단1187

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 05:50 on December 19, 2014, the Defendant: (a) committed indecent act by compulsion by compulsion; (b) committed indecent act by compulsion against the victim by compulsion, such as: (c) the victim D (the 31-year old-old)’s general restaurant operation in Seoul Central-gu; (d) the victim’s desire to report her being mixed; (d) the victim’s booms with the victim’s thrts; and (e) the victim’s booms with his/her hand, and inserting his/her hand into the part of the victim.

2. At the time and place set forth in the preceding paragraph, the Defendant: (a) expressed that the victim’s indecent act in which the victim could not come during the commission of the victim, such as the indecent act mentioned in the preceding paragraph, “I am unable to come once giving money to the son; and (b) laid the cell phone on the floor; and (c) attempted to remove beer residues from the table, and interfered with the victim’s general restaurant business by force for about 50 minutes.

Summary of Evidence

1. Legal statement of witness E;

1. Statement to E by the police;

1. The Defendant and his defense counsel stated that the investigation report (including the result of the CD reproduction), investigation report (including the statement of processing the 112 reported case, etc. attached), the Defendant and their defense counsel, and the third party demanded a refund on the wind that the third party avoided the disturbance, and the refund of some amount was refused, and there was no indecent act or interference with business.

However, on the day of the instant case, the victim's investigative agency or legal statement about the indecent act, the abusive behavior, the behavior of the defendant, the background of the report, the circumstances after the report, etc. are very specific and consistent, and there is no particular contradiction, and the victim's 112 declaration details or recorded contents at the time are also supported by the victim's statement, and the credibility of the statement is also supported

On the other hand, the defendant entered the main points of the victim's operation at about 5:30 minutes of the new wall in an investigative agency, and the third party demanded the return of the drinking value while 5:50 minutes of the disturbance.

There is no desire to take a bath.