(영문) 서울서부지방법원 2017.12.06 2017고단2121

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2017.12.06 2017고단2121

강제추행

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

On May 11, 2017, at the street near “E restaurant” located in Eunpyeong-gu Seoul Metropolitan Government on May 11, 2017, the Defendant: (a) laid down the stairs while under the influence of alcohol by the victim F (the 28 years old); (b) laid the gate on one hand, kid the victim, etc.; and (c) laid the gate on one hand, put the victim’s hand into the panty, knife the knife in the panty, and forced the victim to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F and G;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Statement made by the police with regard to F;

1. Investigation report (report on the monetary confirmation of a person in charge of the National Institute of Scientific Investigation);

1. A response to a request for appraisal (the copies of evidence No. 68 through 73);

1. The following circumstances acknowledged by the evidence duly adopted and investigated by the court at the time of the victim’s damage (i.e., the victim was unable to memory the detailed details of the crime in the state of 0.187% alcohol concentration at the time of the crime in this case, but consistently stated the method of indecent act by the defendant from 112 reported to this court to this court. In light of the contents of this case, even if the victim was in the state of such an indecent act, it does not appear to be unsatisfy or to cause mistake. The victim appears to have told the victim of the indecent act in this case to his male-child by his flaging the victim himself, and the victim appears to have told the victim of the indecent act in this case. In light of the circumstance and time when the defendant discovered and flaged the victim, the victim did not make a false statement about the indecent act by the defendant in this case, and the victim did not appear to have committed the indecent act in this case at the time of reporting the indecent act by the defendant.

유사 판례

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