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(영문) 수원지방법원 성남지원 2018.04.27 2017고단1737
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is the head of C's head office and the victim D(the name, the age of 47) is the head office of C's head office and the victim D is the head office of C's head office.

On March 3, 2017, the Defendant: (a) around 19:50, at the “F” located in Seongbuk-gu, Sungnam-si, Sungnam-si, as an issue of raising the remainder points of the C Company C’s meal, the Defendant took the victim’s hand on his own hand, and went together; (b) on the same day, at around 22:00 on the same day, the Defendant continued to sing from “H singing room” located in Sungnam-si, Sungnam-si, Sungnam-si, she was inside the victim’s side of the victim, who talks with the victim’s hing of his body; and (c) even if the victim refused to take away his body, the Defendant she was satn up his/her shoulder with his/her hand, and she brought the victim’s injury.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness D and I;

1. Application of each J’s message content legislation

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

1. Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order (the defendant and his/her defense counsel) asserts that there is no indecent act against the victim as stated in the judgment by the defendant.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., (i) the credibility of the victim’s witness D’s testimony is recognized, (ii) the witness I’s testimony and the content of the J’s message sent to I at the time correspond to this, and (iii) the Defendant appears to be unable to accurately memory the situation under the influence of alcohol at the time of the police investigation (the Defendant had a part that was sobread under the influence of alcohol during the police investigation).

진술하였다가 검찰 조사 시에는 나중에 곰곰이 생각해 보니 기억이 나서 추행하지 않은 것이 명확하다는 취지로 진술하고 있는데, 이는 쉽사리 이해하기 어렵다), ④ 피해자의 요청으로 I이 판시 노래방으로 왔을 때...

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