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(영문) 서울북부지방법원 2017.08.17 2017고단1704
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 April 13, 2017, at around 04:00, the Defendant accessed the victim E (here, 22 years of age) in front of the “D” located in the Jung-gu Seoul Metropolitan Government, and demanded the victim E to have a mobile phone number and a house address, etc., and on his hand, the Defendant breadddd the victim’s body by forcing the victim to have his/her breast, bridge, and bridge met with his/her entrance alcohol.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of witness E;

1. Investigation Report (Investigation ofCCTV) (each statement made at the victim’s court and investigative agency in the victim’s court and investigative agency is generally consistent and specific as to the Defendant’s act, content of damage, perception and response, and circumstances before and after the commission of the crime, and there are no other circumstances showing any falsity in the statement, and its credibility is recognized in light of this court’s attitude to make statements.

Therefore, according to each evidence of the judgment, the defendant's act may be acknowledged as having been committed by the defendant, and the above act by the defendant has caused sexual humiliation or aversion in light of social norms, and infringed the victim's sexual freedom as an act contrary to good sexual morality.

Therefore, it is reasonable to view it as an indecent act as defined in the crime of forced indecent act.

B. In light of the behavior of indecent act and the situation at the time, the relationship between the defendant and the victim, etc., the criminal defendant may also be recognized as an indecent act.

Therefore, it is recognized that the defendant was forced to commit an indecent act against the victim).

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. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to attend a lecture;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose or notify, Article 49(1) proviso and Article 50(1) proviso of the Act on the Protection of Children and Juveniles against Sexual Abuse.

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