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(영문) 서울동부지방법원 2018.11.16 2018고단2348
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 December 18, 2017, the Defendant: (a) around 01:21, at “D main points” located in Seongdong-gu Seoul Metropolitan Government on December 18, 2017; (b) through “E” a smartphone-making franchiseing on condition of granting alcohol and taxi expenses, the Defendant told the Victim F (F, 19 years of age) to call for the taxi expenses to run in the house after drinking alcohol; and (c) did not engage in a sexual intercourse, and she saw the taxi to run in the telecom.

On December 18, 2017, around 04:35, the Defendant: (a) around 04:35, 510, the “H” Moel 510 located in Seongdong-gu Seoul, Seongdong-gu; and (b) at the bed, the victim, despite being her own in a sofacion, she left the bed and she stored the bed hand in the bed part of the victim, and she used the bed part of the victim’s clothes, and she took about five times the left part of the woman’s chest.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Each internal investigation report (No. 3,4 once a year), each investigation report (No. 6,8 times a year);

1. The 112 Report Processing List (the defendant and his defense counsel asserted that, although the defendant and his defense counsel have a fact with the victim, the defendant did not forcibly commit an indecent act against the victim as stated in the facts constituting a crime in the judgment.

However, in full view of each of the above evidence, as stated in the facts of the crime in the judgment of the defendant, we can fully recognize the facts that the victim committed an indecent act against the left chest of the victim by putting the victim's kneep in the clothes of the victim and rhying them into the victim's clothes, as stated in the facts of the crime in the judgment of the defendant.

The victim is specifically and consistently stated in the investigative agency and this court about the form and method of indecent act, the situation before and after the prosecution, and the victim is hard to find any special motive or reason to find the defendant ( according to the recording in which the defendant recorded the conversation with the victim in the telecom).

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