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(영문) 서울중앙지방법원 2019.08.21 2018고단8542
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 of the final judgment.

Reasons

Punishment of the crime

The defendant is a producer who manages a bal group to which the victim (or 23 years of age) belongs.

From June 26, 2017 to 03:00 on June 26, 2017, the Defendant committed an indecent act by force against the victim by using the victim’s own knife knife with the victim’s knife knife on the rooftop of the building “”, which was used as the accommodation of the above gnife group located in Jeonnam-gun, in which conversations on the life of the victim were divided into two parts of the victim’s knife, and attempted to knife the victim’s knife with the victim’s knife on two occasions in the view of the victim, and the victim’s knife knife knife and refused it.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. The content of the “E” message sent and received by the suspect and the victim, and the content of the “E” message immediately after the case between the suspect and the victim

1. Application of Acts and subordinate statutes to medical records submitted by the victim, copies of medical certificates submitted by the victim;

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

1. Determination on the assertion of the defendant and his/her defense counsel under Articles 32(1)3 and 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders (the scope of liability for damages is not clear

1. The gist of the assertion is that the Defendant only aided the victim at the time and place indicated on the facts constituting an offense, and aided the victim to continue bareboat life, but did not commit an indecent act against the victim.

2. In full view of the following circumstances acknowledged by the court’s duly adopted and examined evidence, the defendant’s assertion is without merit, as it is sufficiently recognized that the defendant committed an indecent act against the victim as stated in the facts constituting an offense.

The victim shall be the defendant in the investigative agency and court.

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