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(영문) 서울중앙지방법원 2018.11.21 2018고단4265
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 27, 2017, from around 03:30 to 03:55 on the same day, the Defendant: (a) had the above victim E (the age 22) who had been aware of the peace in the room No. 14 from the underground floor D 14 of the Seocho-gu Seoul Seocho-gu Seoul Seocho-gu Seoul building and drinking, and (b) had the said victim enter the side of the Defendant, and (c) had the victim collected the damages from the victim’s chest on the side of the victim’s own.

Accordingly, the Defendant committed indecent act against the victim by assault.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement made by the police for E;

1. In the investigation report (F telephone conversations of a witness) (the defendant and his defense counsel) stated that the defendant had no responsibility for raising his/her hand on the part of the victim at the time when he/she was drinking with the victim or she was satising his/her hand on the part of the victim, but the defendant did not take charge of his/her chest by inserting his/her hand on the part of the victim as stated in the facts charged.

In other words, the following circumstances recognized by the evidence duly adopted and examined by this Court, i.e., the victim, from the investigative agency to the court, did not think of the defendant's honomenity while carrying out hoscing.

Although the statement clearly stating the intention that "I wish to go to house," the defendant made a statement to the effect that he was putting his hand into the inside of the house and delivered the chest. The statement of the important part is specific and consistent and recognized. ② The victim, immediately after the prosecution, notified the defendant of his indecent act to the outside of the main room and immediately inform him of his indecent act between him and the branch, ③ The victim's leader who was requested for help at the time requested to do so to the investigation agency, requested the defendant to “I am to am to am.”

The above circumstances add credibility to the victim's statement that there was an indecent act, and ④ otherwise, the injured party may make a false statement against the defendant.

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