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(영문) 인천지방법원 부천지원 2017.08.09 2017고단635

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

1. On July 20, 2016, the Defendant, at around 23:00, committed an indecent act by force against the victim by getting the victim C (at the age of 28) who is an employee affiliated with the company (at the age of 28) seat back to the public morals station located in Mapo-gu Seoul, Seoul, and by getting the victim (at the age of 28) to sit back the victim’s head, thereby getting the victim’s face back to the victim’s entry.

2. On September 13, 2016, around 22:00, the Defendant committed an indecent act by force against the victim, by holding the victim's head in the D D D D D D D D D D D D D Kabf, located in Gyeyang-gu, and by holding the victim's head in front of the victim's hand, and returning the victim's face to the victim's face, and by holding the victim's chest by hand.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Statement made by each prosecutor and police with respect to C;

1. C’s statement;

1. Application of Acts and subordinate statutes by cutting down a victim and suspect E-cap;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Determination on the assertion of the Defendant and the defense counsel under Article 62-2 of the Criminal Act regarding community service and lecture attendance order

1. The gist of the assertion is that the Defendant did not commit any indecent act against the victim.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the Defendant may be found to have committed an indecent act twice against the victim as stated in the facts constituting an offense.

The defendant and defense counsel are without merit.

A. The victim’s statement of damage is reliable.

1) The content of the damage made by the injured party is consistent with the investigative agency to this Court in its major part.

The content is consistent with the content of the statement sent by the victim to the first representative of the company after the case.

2) The victim’s statement was received without direct experience.

to the extent that it can not be seen.

The victim's attitude of testimony in this court is sufficiently reliable.