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(영문) 서울남부지방법원 2014.12.19 2014고단2428
강제추행
Text

A defendant shall be punished by imprisonment for six 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 March 6, 2014, the Defendant: (a) around 20:00, around 20:00, the Defendant: (b) reported that the Victim F (F), the owner of E D located in Yangcheon-gu Seoul Metropolitan Government, was aware of her will to contact with her will; (c) had the victim her mind to commit an indecent act against the victim; and (d) had the her hand in the way of having his/her son included his/her hand in his/her bridge.

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

Summary of Evidence

1. Legal statement of witness F;

1. A protocol of examination of partial suspect against the accused by the prosecution (including F statement section);

1. Part of the police statement concerning G (including theF statement);

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to the investigation report;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

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

1. The defendant and his/her defense counsel's assertion on the argument of the defendant and his/her defense counsel under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Crimes committed by the defendant and his/her defense counsel stated that "the defendant did not commit any indecent act against the victim as described in the facts charged." However, in full view of the following, the defendant and his/her defense counsel's assertion that ① the victim has committed an indecent act from the investigative agency to the court, and consistently and specifically stated the defendant's color, the background and process of reporting the defendant to the investigative agency at the time, and ② the victim's false statement does not seem to have any special circumstances to gather the defendant, and even in light of the victim's statement contents or his/her attitude in court, it is difficult to see that the victim has made a false statement even when considering the victim's statement contents or his/her attitude, and ③ the defendant's attempt to contact with H on March 8, 2014, the credibility of the victim's statement can be acknowledged of the crime of this case.

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