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(영문) 서울남부지방법원 2018.02.09 2017고단3886
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Criminal facts

On May 9, 2017, around 13:20 on May 13:20, the Defendant found the victim D (at the age of 15) who was under the influence of alcohol and walked in the street in front of the singing plaza located in Gangseo-gu Seoul Metropolitan Government, and caused the Defendant to commit an indecent act by force against the victim by putting the victim's chest on his hand.

Summary of Evidence

1. Application of the respective legal statements of witnesses D and E to the Acts and subordinate statutes;

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

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order

1. Summary of the assertion

A. At the time of the instant case, the Defendant did not hold the victim’s chest at the time.

B. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

2. Determination

가. 첫째 주장에 대한 판단 이 법원이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정들을 종합하면, 피고인이 판시 범죄사실과 같이 피해자의 가슴을 움켜쥔 사실이 충분히 인정되므로, 첫째 주장은 받아들이지 않는다.

1) The victim D her police her "I am her friend E and her her friend with his her friend E, and her son and her her friend with his her her friend and her son was her son.

The male said that he stated that he was “the defect of only walkn only”.

Now was the same as shopping bags on the left arms, but the male's hand entered on the side of the arms, making the left chest turn on the hand.

Since the proposal is too far far far away, the male left the match.

Then, the male stated that "the other female who had been in the vicinity had her speech," and in this Court, "I am to the house of low-income friendly-gu (E) her, but she was coming to the house of low-income her, but the defendant she was her hand on the left left her hand.

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