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(영문) 서울동부지방법원 2017.01.24 2016고단4233
강제추행등
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 11, 2016, the Defendant was informed of the occurrence of a telephone call from a person who suffered damage on November 23, 2016, on the ground that the Defendant was under the control of the victim B (n, 21 years of age), and that the Defendant did not abide by the promise to make excessive drinking and to reduce drinking.

1. On November 12, 2016, the Defendant infringed upon a residence: (a) opened a studio in front of the studio of the victim’s residence in Ansan-si C; and (b) opened the studio in front of the studio of the victim’s residence; and (c) invaded upon the victim’s residence.

2. 강제 추행 피고인은 위 1 항의 일시장소에서 피해 자로부터 ‘ 집에서 나가 달라’ 는 말을 듣고도 나가지 않다가, 갑자기 피해자를 껴안아 방바닥에 눕힌 후 억지로 피해자의 입에 자신의 입을 맞추고 혀로 목을 핥고, 이를 피하는 피해자의 목을 한 팔로 누르고 피해자의 팬티 안으로 다른 손을 집어넣어 음부를 만지는 등 피해자를 강제로 추행하였다.

3. On November 12, 2016, the Defendant: (a) committed assault against the victim, on the part of the victim, by offering a proposal to “a defect in talking through drinking alcohol” from the victim; and (b) moving the victim to E convenience stores located in E in E in E in E with the victim; (c) on November 12, 2016, the victim was able to report to the police; and (d) on the part of the victim, the victim’s face and head head head head head head head head head head head head head head head head head head head head head head head head head head was flick.

4. The Defendant damaged property at the time and place set forth in the above three paragraphs, and damaged LGV 520 of the market value of the injured party, which is equivalent to 89,800 won, by affixing the smartphone to the table of the convenience store.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a report on investigation, a written estimate to hand-on, and a written application;

1. Relevant Article 298 of the Criminal Act concerning the crime, the choice of punishment, Article 298 of the Criminal Act, Article 319(1) of the Criminal Act (the point of intrusion upon residence), Article 260(1) of the Criminal Act (the point of assault) and the Criminal Act.

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