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(영문) 서울동부지방법원 2018.02.08 2017고단3529

강제추행

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of four months of imprisonment for an indecent act committed by force at the Seoul Eastern District Court on June 16, 2016, and the said judgment became final and conclusive on June 24, 2016 and is currently under suspended sentence.

[2] On August 12, 2017, around 23:15, the Defendant: (a) committed an indecent act by force against the victim E (n, 52 years old); (b) divided the victim’s breast part into the left part of the elbow part; and (c) forced the victim to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. The CD;

1. Previous convictions in the judgment: The results of inquiry, investigation reports (formers and copies, etc. of the judgment) (the defendant only faced with the victim by the number of times during which he was living in the main machine and did not have the intention of indecent conduct;

The argument is asserted.

The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, namely, the victim was committed to the investigation agency, and the victim entered the defendant's house consistently up to this Court until this Court had consistently divided the victim's chest into elbow part after the victim was later.

In light of the fact that the victim made a statement, even if based on CCTV images, the defendant was unable to believe the defendant's assertion that the victim was faced with the fruit while finding the victim on the left left side part part of the victim, and that the defendant intentionally committed an indecent act against the victim, and therefore, the defendant's argument is not reasonable. The defendant's assertion is sufficiently recognized that the defendant intentionally committed an indecent act against the victim. The defendant's assertion is without merit. The defendant's assertion is without merit, since it is hard to believe that the defendant's assertion that the victim was faced with the fruit in the right part part of the left part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part part of the victim part part part part part part part part part of the victim part part part part part part part part of the victim part part part part part part of the part part part part part part part part part

Application of Statutes

1. Relevant provisions of the Act concerning facts constituting an offense;