(영문) 서울남부지방법원 2020.10.21 2020고단365

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2020.10.21 2020고단365

강제추행

Text

A defendant shall be punished by imprisonment for four 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

At around 01:00 on August 25, 2019, the Defendant continued to use the part of the victim’s right right side side side part of the victim’s hand, and forced the victim to use the part of the victim’s right side part by hand, with the victim’s own hand, at around 01:0 on August 25, 2019, the Defendant: (a) called the “dice shock” in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, for the stage B and the third floor; (b) the victim resisted the part of the victim’s right side side part; and (c) the victim resisted the part of the victim’s right side part by hand; and (d) the victim refused to use the part of the part of the victim’s right side part by hand.

Summary of Evidence

1. The defendant's statement in the court statement of 112 reported case list of the defendant's partial statement D (the defendant's statement was only 112 or 3 times in the process of demanding the victim's unfasing on the road, and there was no fact that he committed an indecent act against the victim as stated in the judgment and there was no intention to commit an indecent act. However, the victim asserts that there was no intention to commit an indecent act as stated in the judgment. However, the victim's statement is specifically and consistently made in lieu of the situation before and after the indecent act, the victim's statement attitude of the victim, the victim's response attitude, and the circumstances leading up to the report, etc., and it was not discovered that there was no way to raise doubt about credibility, such as the victim's statement attitude, and the victim's response attitude to the indecent act. In full view of the reliable victim's statement and the evidence mentioned earlier, the defendant's argument that the defendant committed the crime in the judgment can be accepted, and thus, the defendant's assertion does not apply the law].

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Reasons for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes under Article 62(1) of the Criminal Act.

참조조문

-성폭력범죄의 처벌 등에 관한 특례법 제16조 제2항

-형법 제62조 제1항

-형법 제298조

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