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(영문) 서울서부지방법원 2017.04.26 2016고단1865
강제추행
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

around 12:50 on May 14, 2016, the Defendant: (a) in D parks located in Mapo-gu Seoul Metropolitan Government on May 14, 2016; (b) in D parks, while drinking alcohol with the victim E (the victim E, 34 years of age); (c) held the victim’s chest on one occasion with his/her own hand; (d) held the victim’s chest on one occasion; and (c) held the victim’s chest on one occasion with his/her own hand; and (d) held the victim’s chest on one occasion.

Accordingly, the Defendant committed an indecent act on the part of the victim.

around 02:55 on March 13, 2016, the Defendant drinking alcohol together to the victim G (V, 22 years of age) waiting for friendship, at the entrance of the building located in Mapo-gu Seoul Metropolitan Government, and drinking alcohol on March 13, 2016.

As the Republic of Korea is refused from the victim, he/she left the left side of the victim and left him/her.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

[2016 order 1865]

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

1. Statement made by the police for E;

1. An investigation report (H telephone conversations) (the defendant asserts that there is no indecent act committed by the defendant, and the witness I's statement conforms to the defendant's argument, but at the time, the defendant, the victim, and the I make a report of indecent act to the police by lending the I telephone device to the victim, and the victim's statement is consistent, it may sufficiently recognize the fact that the victim committed indecent act as stated in the judgment of the defendant in light of the consistentness of the victim's statement.

[2016 Highest 2674]

1. Statement made by the police with regard to G [the defendant is not only guilty of indecent conduct, and even if so, the part concerning the sale was only known.]

Even if it is alleged to the effect that the defendant does not constitute a forced indecent act, but according to the above evidence, it is recognized that the defendant had the arms of the victimized person, and since the defendant was a part between the shoulder and the elbow, the defendant was in a state where he did not have a sense of sexual humiliation or aversion, it causes sexual humiliation or aversion, and is contrary to the sexual morality concept, it is sexually committed by the victim.

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