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(영문) 서울남부지방법원 2014.08.08 2014고단1753
강제추행
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 15, 2014, at around 12:20, the Defendant committed an indecent act by discovering the victim E (the 53 years of age) who was being used by the Defendant in the D Park located in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, by discovering the victim E (the 53 years of age), eating a mind to commit an indecent act, and making the victim kis on the victim’s view, and making the victim kis on the victim’s view. While the victim refused to do so, the Defendant continued to put his hand into the victim’s clothes and kis, and committed an indecent act by taking the chest into the victim

Summary of Evidence

1. The witness E’s legal statement [the defendant denies all the crimes in this case, and the direct evidence proving the facts charged of the indecent act by compulsion in this case can be seen as only the above victim’s statement. However, the victim has consistently and specifically made a statement from the investigative agency to the court, and the victim does not appear to have any special circumstance to gather the defendant in a false manner, and the victim’s statement or attitude (the victim is unable to make a statement due to severe invasion in this court) is consistently made in the victim’s statement or court.

(3) In light of the fact that the Defendant knee and knek knee in the police box, etc., the credibility of the victim’s statement is high).

1. A protocol of examination of part of the defendant by prosecution;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on investigation reporting;

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. Probation under Article 62-2 of the Criminal Act;

1. Grounds for sentencing under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed against Order to attend education;

1. A person who has no special person in the basic field (from June to two years) of the first type of the crime of indecent act by force (subject to the age of 13) on the sentencing criteria;

2. Circumstances that are disadvantageous to a decision of sentence:

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