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(영문) 서울북부지방법원 2016.10.06 2015고단2015
강제추행
Text

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

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

Reasons

Punishment of the crime

On September 19, 2014, the Defendant was a person who was working as the general secretary of the council of occupants' representatives of Dobong-gu Seoul Metropolitan Government D apartment apartment, and the Defendant completed the council of occupants' representatives of the above apartment at the “F” restaurant located in Dobong-gu Seoul Metropolitan Government E, and committed an indecent act by force against the victim by holding the victim’s her ambbbbbbbbbbbbbbs only on the side of the victim G (54 years old) seated.

In addition, from around that time to October 22:00 on October 17, 2014, the Defendant committed an indecent act by force on three occasions in total as shown in [Attachment Table Nos. 12 through 14] between the Defendant and that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements of witnesses G and H in the second protocol of the trial;

1. The entry of some of the witness I in the third protocol of trial;

1. Statement made by the witness J in the third protocol of trial;

1. The statement of the witness K in the fourth trial record (in addition to the statements made by the victim who corresponds to the facts of the crime, I (the list of crimes 12), J (the list of crimes 14), and H and K (the list of crimes 13) that confirmed CCTV, it can be recognized that the defendant committed each act in the judgment of the court, and it is reasonable to deem that each act of the defendant committed an act that causes a sense of sexual shame or aversion and infringes on the victim's sexual freedom as an act contrary to the good sexual moral sense in light of social norms, and thus, it constitutes an indecent act prescribed in the crime of indecent act by compulsion, and the intent of indecent act by the defendant can be sufficiently recognized).

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Article 16 (2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Order to attend lectures or Order to provide community service;

1. Articles 47(1) and 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or an order to notify, and children and juveniles.

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