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(영문) 서울중앙지방법원 2018.11.16 2016고단9282
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 September 12, 2015, around 02:19, the Defendant: (a) reported the victim C (at the entrance of Seocho-gu Seoul Metropolitan Government 2:2:00, 27 years old) who returned home with her friend and drinking, and (b) followed by both hand, she gets the victim's shoulder to face by putting the victim's shoulder, and then she got the victim to face.

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

Summary of Evidence

1. Statement made by each police officer in C or D;

1. The defendant's assertion of the investigation report (on-site CCTV confirmation) and defense counsel asserted that the defendant did not have any contact with the victim's body. Thus, the defendant's assertion is not accepted, since the following circumstances revealed by the evidence duly adopted and investigated by this court can be sufficiently recognized in light of the above circumstances.

피고인은 약 50미터 이상 술에 취해 걸어가는 피해자를 따라가던 중 피해자가 자신의 숙소가 위치한 이 사건 건물로 들어가자 속도를 내 어 피해자를 � 아 이 사건 건물로 들어갔다.

피해 자의 일행인 D은 피해자를 숙소 근처에 바래다 주고 돌아가려 던 중 피고인이 피해자를 � 아 이 사건 건물로 들어가는 것을 보고 무슨 일이 생기는 것이 아닌지 걱정이 되어 자신도 이 사건 건물로 들어갔다.

The victim made a statement to the effect that “the Defendant saw his shoulder as in the instant criminal facts,” and D also made a statement to the same effect that “the Defendant observed a satisfing of the victim’s shoulder.”

The Defendant asserted that the victim was only able to have her play, after examining up to the second floor of the mixed building in order to confirm whether the building of this case was drinking, but the Defendant was able to drink around the site where the building of this case is located. However, on the other hand, the Defendant had a large drinking house in the vicinity where the building of this case is located.

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