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(영문) 서울북부지방법원 2018.02.08 2017고단2358
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 9, 2017, between 00:00 and 02:00, the Defendant committed an indecent act by force against the victim, such as: (a) around 15 drinking places, including the victim D (n, 38 years of age) in the first floor of the building of Hongcheon-gun, Hongcheon-do, Gangwon-do, with approximately 15 drinking places; (b) the victim 2-3 back the back side of the defendant, who was seated in the side of the building of Hongcheon-gun, Hongcheon-do; (c) the victim sleeps tobacco; and (d) the victim sknife his hand; (d) the victim knife his hand; and (e) the victim knife the knife back and the victim knife the knife back.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of the witness D and E (each statement of the victim in the victim's court and investigative agency is recognized in light of the defendant's act, content of damage, perception and response, the circumstances before and after the commission of the crime, the fact that the statement does not seem to have any circumstances to be false, the fact that the statement conforms to the E's statement, the attitude of the statement in this court, etc.

According to the evidence of each judgment, the defendant's act may be recognized as having been committed by the defendant, and the above act by the defendant may cause sexual humiliation or aversion in light of social norms, and infringed the victim's sexual freedom as an act contrary to good sexual morality.

Therefore, it is reasonable to view that the act constitutes an indecent act prescribed in the crime of indecent act by force, and furthermore, in light of the behavior of indecent act by a child and the circumstances at the time, the relationship between the defendant and the victim, the intent of indecent act by the defendant may also be recognized.

Therefore, it is recognized that the defendant was forced to commit an indecent act against the victim).

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the choice of punishment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Attend;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from disclosure orders and notification orders.

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