logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.01.18 2018고단3363
강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around 05:20 on March 25, 2018, the Defendant: (a) discovered the victim D (one, half, and forty-seven years of age) who was sitting in front of the Defendant after he/she was under the influence of alcohol in the Ch class B at Ch class trial room on the first floor of Ch class; (b) discovered the victim D (one-time, half, and forty-seven years of age) who was sitting in front of the Defendant; (c) opened the victim’s own hand on one occasion; (d) opened the victim’s knick; and (e) committed an indecent act by force against the victim, such as going back the victim’s knick, going back the victim’s knick; and (e) he/she committed an indecent act by force, such as going back the victim’s knick in front of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. The report of internal investigation (No. 2) and each investigation report (No. 6, 7, 11).

1. 112 reported case handling table;

1. On-site photographs, CCTV video CDs and photographs, and defense counsel asserts that two physical contacts made by the victim occurred in the process of correcting the attitude of the victim, and that there was no indecent act by force as stated in the facts constituting a crime.

However, in full view of each of the above evidence, it can be sufficiently recognized that the victim's her her son who was seated before the defendant as stated in the facts constituting the crime in the judgment of the defendant has taken two her son or her son.

The victim has made a concrete and consistent statement in an investigative agency and in this court about the form and method of indecent act, and the situation before and after indecent act, and even E at the same time has also made a statement in support of the victim's above statement. Thus, it is difficult to find out circumstances where the victim's statement is reliable and otherwise it is difficult to find out the credibility of the victim's statement.

Furthermore, the act of deceiving the victim's tam, such as the facts stated in the judgment against the victim's will, can be evaluated as an indecent act that causes a sense of sexual humiliation and aversion to the general women and infringes on the victim's sexual freedom, and the part and degree of the indecent act, and indecent act.

arrow