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(영문) 서울중앙지방법원 2019.10.11 2018고단7040
강제추행
Text

A defendant shall be punished by imprisonment with prison labor 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

Criminal facts

On May 30, 2018, around 22:21, the Defendant forced the victim to commit an indecent act by force, on the ground that the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her herst her

Summary of Evidence

1. Legal statement of witness E;

1. Application of CCTV Acts and subordinate statutes;

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 (The following extenuating circumstances among the reasons for sentencing);

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 by the Defendant and the defense counsel under Article 3 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 15352, Jan. 16, 2018); Article 56(1) of the former Act on the Protection of Children and Juveniles against Sexual Abuse (Amended by Act No. 15452, Mar. 13, 2018); Article 2 of the Addenda to the Act on Welfare of Persons with Disabilities (Act No. 15904, Dec. 11, 2018); Article 59-3(1) of the Act on Welfare of Persons with Disabilities

1. Defendant and his defense counsel’s assertion

A. As indicated in the facts of the crime in the judgment, the Defendant did not have her butt her butt, and the third party committed the above indecent act by force, or there is a possibility that the victim might mislead the victim of the victim that the her amb, which the Defendant had at that time committed the above indecent act by force, contacted the victim's her amb, as a indecent act by force.

B. At the time of the instant case, the Defendant was under the influence of alcohol and was in an insane condition.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the judgment of the first argument is recognized as having been based on the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her

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