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(영문) 서울남부지방법원 2016.09.09 2016고단1519
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 February 26, 2016, at around 03:40 on February 26, 2016, the Defendant, on the back of the Guro-gu Seoul Metropolitan Government D apartment complex, came from the victim E (the 29 years old and the 29 years old and the 19 years old and the 29 years old), and, at the close of the victim, was suffering from the victim's right chest and left chest by extending back his hand to the victim's right chest.

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

Summary of Evidence

1. Each legal statement of witness E and F;

1. Part concerning the statement of E or F in the second police interrogation protocol against the accused;

1. Each police statement about E and F [the defendant and his defense counsel claim that the defendant was faced with the victim and that the defendant did not commit an indecent act against the victim while he was able to do so.

However, the victim E has consistently and specifically made a statement from the investigative agency to this court about the defendant's act, content of damage, the victim's perception and response, the situation before and after the crime. The witness F's statement also does not conflict with the witness F's statement. The victim who is unaware of the defendant does not have any reason to make the victim's false statement about the defendant while taking charge of punishment for perjury, and there is no reason to make the victim's false statement about the defendant's damage to the defendant. The victim E's statement does not appear to be false and credibility is acknowledged in light of this court's attitude of statement.

A witness F also has consistently and specifically made a statement from an investigative agency to this court, and there is no contradiction with the victim's statements, unlike the victim's statements, there is no circumstance that the false statement will be opened, and credibility of the statement is recognized in light of the attitude of the statement in this court.

Therefore, it is sufficiently recognized that the defendant committed an indecent act against the victim as stated in the judgment of the court.

Application of Statutes

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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Order to provide community service and attend lectures under Article 62-2 of the Criminal Act;

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