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(영문) 서울북부지방법원 2020.03.26 2019고단5110
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight 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. On June 6, 2019, the Defendant: (a) committed indecent act by compulsion on the part of the Defendant, who was parked in front of the “C” restaurant in Seoul Special Metropolitan City, Nowon-gu, at around 21:30, the Defendant: (b) committed indecent act by compulsion on the part of the victim D (the 69-year age), who was a substitute driver, by driving a mobile phone on his hand; and (c) the victim’s hand knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knifs.

2. On the same day, at around 21:35 on the same day as above, the injured Defendant: (a) committed an indecent act, such as the Defendant’s above paragraph (1) above, on the ground that: (b) the Defendant got out of the above restaurant, and followed the victim’s escape, and the victim went out without driving on his/her behalf; (c) turned out the victim’s shoulder; (d) knife the part of the victim’s shoulder; (d) knife the part of the victim’s bridge; (e) knife the part of the victim’s bridge; (e) knife the part of the victim’s bridge; (e) knife the victim’s clothes; (e) knife the victim’s clothes; and (e) knife the victim with approximately three weeks of medical treatment

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. Written statements prepared in D;

1. Investigation report (to hear victim's telephone statements);

1. 112 Report disposal slips;

1. In light of the medical certificate of injury and the victim's physical evidence photographs (the defendant and his defense counsel asserted that the defendant did not have committed any indecent act against the victim as stated in paragraph (1) of the crime, but in full view of the victim's statement, injury diagnosis statement, photograph, etc., the defendant can be found to have committed an indecent act by force because the defendant committed an indecent act on the victim's left chest, as if the victim's statement, injury diagnosis statement, photograph, etc. were found to have been cut

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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