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(영문) 서울중앙지방법원 2013.12.11 2013고단5547
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On June 7, 2013, the Defendant: (a) committed indecent act by compulsion on the alleyway in Dongjak-gu Seoul, Dongjak-gu, Seoul; (b) on the alleyway to the victim D (here, 40), who was walking earlier, committed indecent act by force by force by putting the victim’s left her tam on his/her hand.

2. In the same time, at the same place as in the preceding paragraph, and with D due to the same act as in the preceding paragraph, the injured victim E (the age of 43) who was walking together with D, resisting it, and breathing the Defendant’s breath, together with the flap, flad the Defendant’s bomb,

The victim F(the age of 61) of D, who was next to the victim, tried to keep up with the victim E, and continued to keep up with the victim E's face 2 to 3 times.

As a result, the defendant put the victim E on the right side side, which requires approximately three weeks of treatment, and the victim F with approximately six weeks of treatment respectively.

Summary of Evidence

1. Each police suspect interrogation protocol concerning E and F;

1. Statement made to D by the police;

1. Investigation report (written statements, injury diagnosis report, etc.);

1. Complaint;

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes of a medical certificate;

1. Relevant legal aid concerning a crime: Indecent injury under Article 298 of the Criminal Act: Article 257 (1) of the Criminal Act;

1. Of concurrent crimes, the Defendant asserts that there was no fact that the Defendant committed indecent act by force, and that injury to the victim E and the victim F constitutes self-defense.

According to the above evidence, it is sufficiently recognized that the defendant committed indecent act by force against the victim Eul. Considering the circumstances and the situation at the time of the crime of this case, the defendant first assaulted the victim E and F, and thereafter, it is recognized that the defendant committed indecent act against the victim E and F, and it cannot be viewed as an act to defend unfair infringement from the above victims. Thus, it does not constitute self-defense.

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