(영문) 서울서부지방법원 2016.04.06 2015고단2189

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2016.04.06 2015고단2189

강제추행

Text

A defendant shall be punished by imprisonment for not more than ten months.

To order the accused to complete the sexual assault therapy for 40 hours.

Reasons

Punishment of the crime

On July 29, 2015, the Defendant: (a) around 03:05 on July 29, 2015, in front of the elevator of Eunpyeong-gu Seoul apartment 103, 103, 103, and 23 years old; (b) in front of the elevator of the elevator of the first floor of Eunpyeong-gu, Seoul, the Defendant: (c) hickly hicked the victim’s hack; (d) hacked the part of the victim’s shoulder with his left arms; (e) obstructed the victim’s shoulder with his left hand; and (e) led the victim to the stairs located adjacent to the elevator; and (e) hacked the sounder’s hick, “

“Fastly sound”.

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

Summary of Evidence

1. Statement made by the police against D;

1. Written statements prepared in D;

1. The defendant's assertion of CCTV video CD (the assertion that the act was only an assault but not an indecent act) was committed by the victim after the victim's fear, and the act is deemed to constitute an indecent act at the same time as an assault against the victim. This act is deemed to have caused sexual humiliation as well as the fear of the victim. The defendant discovered the victim on the road and then tried to stop the victim from participating in the apartment joint entrance, leading the victim to the apartment door, leading the victim from the apartment door, leading the victim to the underground stairs, and to threaten the victim. In light of the circumstances leading to the crime, method of the crime, intimidation accompanied by the crime, etc., it is reasonable to deem that the victim had the intention of an indecent act as well as the intentional indecent act of the victim.

Therefore, we cannot accept the defendant's above assertion.

The judgment on the defense counsel's assertion (the assertion that the defendant was in a state of mental or physical weakness or loss) is recognized as having received medical treatment by being hospitalized due to the Chon-gu's medical certificate, etc. from July 29, 2015 to October 13, 2015 when the crime of this case occurred, but it is also recognized as having received medical treatment.

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