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(영문) 의정부지방법원 2016.09.30 2015고단4430
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2015, at around 10:25, the Defendant committed an indecent act against the victim by forcing the victim to take the face of the victim by hand, by force, while drinking together with the victim E (the age of 22) first at a club located near the new wall located in Mapo-gu Seoul Metropolitan Government. On August 24, 2015, the Defendant committed an indecent act against the victim by forcing the victim to take the face of the victim, by hand, while drinking together with the victim E (the age of 22).

Summary of Evidence

1. Each legal statement of witness E, F and G;

1. Investigation report (the result of a request for appraisal) and the application of Acts and subordinate statutes as a result of appraisal;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. The community service order under Article 62-2 of the Criminal Act;

1. Judgment on the assertion by the Defendant and his/her defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against the Defendant

1. The summary of the argument is that the defendant and his defense counsel did not have committed an indecent act by force against the victim as stated in the facts charged, and the victim first kis the defendant, and the victim kis on the part of the defendant's sexual organ above.

The argument is asserted.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court of this case, namely, ① the victim made a relatively consistent statement from the investigative agency to the investigation agency to the prosecution of this case with respect to the Defendant’s indecent act behavior and the circumstances of the crime, etc. by the Defendant with the content that the Defendant forced the victim to enter the Defendant at the time of the crime of this case, and the victim’s chest was delivered. In light of the victim’s attitude of statement, the relationship between the Defendant and the victim, etc., credibility may be acknowledged in the victim’s statement. ② Employees F of the main office of this case who had been present at the scene of the crime of this case at the time of the crime of this case refers to “the victim’s speech”, and the victim’s face is considered to be the victim’s face.

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