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(영문) 서울북부지방법원 2017.11.30 2017고단2008
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

around 22:40 on November 29, 2016, the Defendant recognized, different from the “F (or 30 years of age) of the charge,” as the result of the examination of evidence, the Defendant, while drinking alcohol with the victim F (or 30 years of age) who is taking a training course for instructors from the Defendant, and singing with G, while drinking alcohol with the victim’s knife with the victim’s knife and dancing with the victim’s knife with the victim’s knife with the victim’s knife.

Under the foundation of the victim, the part of the victim's booms, and the part of the victim's chest continued to commit an indecent act by force against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness F;

1. The record of the police statement about G (each statement made by the victim in this law and investigative agency is generally consistent and specific as to the defendant's behavior, content of damage, the fear and response of the victim at the time of committing the instant crime, and the situation before and after the commission of the instant crime, and unlike the circumstances where the false statement is discovered, it is not inconsistent with G's statement, and its credibility is recognized in light of the degree of attitude of the victim's statement in this court.

Although there are parts that are somewhat inconsistent with the victim's statement, it appears to be due to the emotional evidence, such as her frighten, and the limitation of memory following the passage of time, etc., and only the degree of uncertainty is unclear, the victim's statement on the facts charged consistently conducted by the investigative agency is not doubtful enough to reject the victim's statement itself.

Therefore, according to each evidence of the judgment, the application of the law is recognized as having committed an indecent act against the victim by force.

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. Exemption from an order of disclosure and notification;

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