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(영문) 서울중앙지방법원 2016.07.22 2016고합603
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

(e).

Reasons

Punishment of the crime

around 19:50 on February 18, 2016, the Defendant: (a) on the street in front of the Seocho-gu Seoul Metropolitan Government C Building; (b) on the top of the victim E (the victim (the victim, 22 years old); (c) was able to force the victim to commit an indecent act; (d) the victim’s left side side side part of the victim’s chest is limited to about two times by hand; and (e) the victim was able to drive away the victim, even though he was on the part of the victim, the victim was able to commit an indecent act by coercioning the victim’s left side part of the breast part of the victim’s chest at approximately two times.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E in the third public trial protocol;

1. Statement made by the police for E;

1. Determination as to the Defendant and his defense counsel’s assertion of investigation report, investigation report (CCTV video and field search investigation)

1. Although the summary of the defendant's assertion is the fact that he/she meets the part of the victim's arms by hand at the time and place specified in the facts constituting the crime in the judgment of the defendant, there is no fact that he/she meets the part of the victim's chest.

In addition, since the victim was wearing a man-made escape at the time, the defendant could not have known that the victim was female, even if the defendant met the son of the victim, it cannot be deemed that the defendant intentionally assaulted the victim with the conduct prescribed in the crime of indecent act by force.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the Defendant recognized the fact that a person who suffered damage was aware that he/she was a female at the time and place indicated in the facts constituting the crime in the judgment, and that he/she met the victim’s left chest by hand.

1) The victim has consistently stated in an investigative agency and a court on the details of the instant indecent act, the situation before, after, and after the instant indecent act, and the attitude of the criminal conduct as follows.

(1) On February 18, 2016, around 19:50 on February 18, 2016, the injured party has a sponsed spare (the head part) for publicity in front of the Seocho-gu Seoul Metropolitan Government C building.

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