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(영문) 서울동부지방법원 2018.11.01 2018고단1727
강제추행등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant of "2018 Highest 1727" is a taxi engineer, and the defendant is a single guest of the main office located in Songpa-gu Seoul Metropolitan Government, which is operated by the victim B (V, 54 years old).

1. On December 31, 2017, the Defendant infringed upon a residence: (a) the victim was living in around 17:20, and the victim was locked with the main points, and (b) the locked person opened and intruded with the main points that were not corrected.

2. The defendant who forcibly commits an indecent act shall leave the victim at the above date and place;

However, when the victim refuses it because it is difficult for the victim to stand, the victim who was sitting on the victim's own will was placed on the wall so as to be forced to leave the rubber line of the victim, panty, and panty, and the victim was able to talk with the victim by hand, and the breast was stored on the part of the victim.

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

The Defendant, “2018 Highest 2929,” is a single customer of the cafeteria operated by the victim B in Songpa-gu Seoul Metropolitan Government.

On August 9, 2018, at around 06:00, the Defendant, while drinking alcoholic beverages with the victim at the above restaurant on August 9, 2018, was faced with a mutual dispute with the victim, the Defendant broken down the gate owned by the victim on the floor, broken down the gate on the floor, and was accompanied by the stormer owned by the victim.

Accordingly, the defendant damaged the damaged property in the market price owned by the victim.

Summary of Evidence

"2018 Highest 1727"

1. Partial statement of the defendant;

1. The legal statement of witness B 2018 Highest 2929;

1. Statement by the defendant in court;

1. Each police statement made to B or F;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 298, 319 (1) and 366 of the Criminal Act concerning the selection of criminal facts;

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 stay of execution (see, e.g., that an injured person following an agreement with the injured person disturbs his/her wife against the accused and that the accused has no record of exceeding the fine);

1. Article 16 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Order to Attend Courses;

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