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(영문) 서울동부지방법원 2016.04.08 2015고단2292
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

The Defendant, around 05:00 on March 22, 2015, at D main points in Gwangjin-gu Seoul Special Metropolitan City around 05:00, was under the front of the victim E (the age of 21). The Defendant committed an indecent act by force by inserting his hand to the lower end of the victim’s knife by inserting his hand.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statement made by the police for E;

1. The defendant and his defense counsel asserted that the defendant's hand could go through the victim's body after a narrow passage, but the defendant's hand did not intentionally put his hand into the knife in the knife and not.

On the other hand, the victim has made very specific and consistent statements from the investigative agency to this court, and there are no particular circumstances that make the above statements false.

In addition, at the time the victim was committed immediately next to the victim;

F also concluded that the defendant's son's son's son's son's son's son's son's son's son's son's son's hand

The statements are made in this Court.

Even based on CCTV images installed at the above main point, even though the crime scene was not clearly caught, the defendant was aware of his body in front of the victim immediately before and after the victim's immediate front, and the defendant seems to move in the direction of the victim in the direction of the natural spam, and immediately after the death of the victim.

피해자는 그와 거의 동시에 깜짝 놀라면서 반사적으로 피고인의 손을 잡으려는 듯한 제스처를 취한 후 곧바로 옆에 있던

With F, it is shown that the defendant is faced by the victim while driving away from the defendant. On the other hand, the victim was next to the victim.

F is also recognized as credibility in each of the above statements of the victim and F as the victim continues to apply for the right of the victim during the period of crime.

Comprehensively taking account of these circumstances, the fact that the defendant committed the indecent act against the victim as stated in the facts of the crime is sufficient.

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