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(영문) 서울남부지방법원 2017.01.25 2016고단4880
강제추행등
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

1. On September 3, 2016, around 01:10 on September 3, 2016, the Defendant: (a) discovered the victim (e.g., the victim (e., the age of 53), who was on the back of the Defendant, was seated in the front No. C, and carried out mixed treatment; (b) committed an indecent act by force against the victim.

2. On September 3, 2016, at around 01:23, there were “Dhop” customers, such as the places, places, and “Dhop” as indicated in the foregoing paragraph 1, the public performance Defendant laid down the Defendant’s boom, laid down the Defendant’s sexual organ, and boomed the Defendant’s sexual organ in his/her hand, and openly obscenity.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police with respect to each police;

1. The CCTV CD (the defendant and his defense counsel asserted that the defendant attempted to commit an indecent act against the victim and attempted to put the victim into the toilet due to a sudden fluence, but the victim's conduct continued to put him into the toilet, and that he did not openly obscenity.

According to each evidence of the ruling, at the present site,

A. The police station’s “flying the Defendant, leaving the Defendant, and leaving the Defendant’s sexual organ;

In addition, the police stated to the effect that “the defendant is not able to change, but rather, it is difficult for him to change.”

in the form of the master body of the State;

Inasmuch as it is recognized that the Defendant and his defense counsel stated to the effect that he did not have made any other statement, according to each of the above statements, it can be sufficiently recognized that the Defendant committed any obscene act as stated in the Defendant’s criminal facts No. 2, and thus, the Defendant and his defense counsel’s assertion

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, Article 298 of the Criminal Act, Article 245 of the Criminal Act (a point of public performance obscenity), and the choice of imprisonment with prison labor;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to provide community service and attend lectures;

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