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(영문) 서울남부지방법원 2018.11.30 2018고단3114
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

To the defendant, the defendant shall complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant posted a notice “short-term Albaba,” which is a job offering and job seeking site B, of “10,000 won at the time,” and had a mind to commit an indecent act against women by visiting marina practice.

On December 26, 2017, the Defendant, who reported job offer advertisements from around 13:00 to 18:00 on the same day, went to the victim C (at the age of 18) who had been in contact with the Defendant, who had been operating before the towing, as Seoul Yeongdeungpo-gu D Hotel E.

The defendant was under the influence of the successful bid blood practice, and the victim suffered panty and brode on the panty.

The Defendant laid down the victim on a bed, and laid down the victim's head above the victim's head, and laid down the victim's 2 feet, neck, shoulder, etc.

The defendant thought that the victim who sees the snow was locked, put his fingers into the victim's brogate, talks both chests, sits on the victim's left side, and knife the victim's left hand, knife the victim's hand, and touchs the defendant's sexual part.

Accordingly, the Defendant knew that the victim was locked and attempted to commit an indecent act by using it, but the victim did not have been able to resist at the time. Therefore, the Defendant did not commit an attempted act.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness C’s legal statement (the defendant is acknowledged to have committed an indecent act as stated in its reasoning in light of the following: (a) the witness C’s statement at the court (the defendant was the victim at the time when he was dead in a normal manner; and (b) he did not have committed an indecent act, such as drinking the chest or drinking the victim’s hand on his sexual organ; (c) however, the victim C has consistently stated the facts of indecent act in a specific and consistent manner; (d) the victim’s legal statement attitude; and (e) there is no particular motive for the victim to dismiss the witness; and

1. Article 300 of the Criminal Act concerning criminal facts and the choice of punishment.

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