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(영문) 의정부지방법원 고양지원 2018.05.31 2018고단175
강제추행등
Text

A defendant shall be punished by imprisonment for not less than eight months.

To order the accused to complete a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is the customer of the restaurant operated by the victim B (V, 58 years old) and the victim B and the victim C (54 years old) are the couple's death.

1. From the end of July 15:00 to the end of 16:00 to the end of 16:00, the Defendant committed an indecent act by force by committing an indecent act on the part of the victim B, who had been engaged in alcohol at the soyang-gu D building and E’F restaurant at the time of the victim’s husband and wife, and the victim B’s buck, who was next to the Defendant for the purpose of receiving orders, while drinking alcohol at the above cafeteria-gu D building and E’F.

2. Around October 21, 2017, the injured Defendant: (a) performed drinking at the Goyang-gu G and the 1st floor “H” restaurant operated by the injured couple; (b) performed drinking alcohol to the restaurant customer; (c) called “a request to see at present” to the cafeteria; (d) the victim C, who called the restaurant under the contact with B, took out of the Defendant; and (e) took part of the victim’s face; and (e) took part of the victim’s face by drinking any defect, the victim sustained injury, such as the 21-day cobranes, the breath of the joint bones, and the blood transfusion, which requires treatment for about 21 days, caused the victim’s injury.

Summary of Evidence

[Case No. 1]

1. The legal statement of the witness B (the victim's testimony is specific and consistent and credibility).

The Defendant stated in the police and the prosecution to the effect that “not only did the victim have committed an indecent act, but at the time, the victim kneeed and kneeed the Defendant’s chest, thereby committing an indecent act.” The Defendant also denied the crime in the court.

However, the defendant was the first executive of the defendant

I or J also stated that no victim was knee of the defendant at the time that he was knee in the investigative agency. J testified in the same purport, and the place of the case is merely a general restaurant. In full view of the fact that the victim cannot be seen to have acted, such as kneeing of the defendant in light of the characteristics of multiple people, the relationship between the defendant and the victim, etc., the above statement of the defendant cannot be believed (the defendant is related to the crime No. 2 of the judgment of the court below).

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