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(영문) 서울서부지방법원 2014.05.21 2013고단3147
강제추행등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On October 23:40 on October 2013, the Defendant committed an indecent act by compulsion by compulsion, on the grounds that the victim was unable to use a female toilet in the said restaurant in the “E” restaurant operated by the victim D (Woo, 27 years of age) located in Mapo-gu Seoul Mapo-gu Seoul, on the ground that he was unable to use the female toilet in the said restaurant, and on the ground that he was in dispute with the victim’s own hand, she turned on both chests of the victim and committed an indecent act by force

2. The Defendant’s insultd the victim openly insulting the victim by referring to the victim D’s “a pair of years, four-years, and four-years,” among several customers who were in the place for the foregoing reasons, as indicated in the foregoing paragraph 1, while continuing to be observed by the players on the street before the above restaurant, they read the victim as “I wish to be killed, two-years, and years.”

3. In the case of the above “E” restaurant prior to the date and time indicated in the above paragraph (2), the injured Defendant was asked from the victim who was likely to escape while waiting for the police officer due to the victim D’s report, and the victim was sprinked with his arms and sprinked, and the victim was sprinked with approximately two weeks of the victim’s arms and sprinked for treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and F;

1. Each petition filed for DNA;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. The applicable legal provisions of Article 298 of the Criminal Act, Article 311 of the Criminal Act, Article 257 (1) of the Criminal Act and the choice of imprisonment with labor for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Judgment on the defendant's assertion under Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Sexual Crimes;

A. The defendant asserts that there is only a fact that he has pushed the victim's shoulder, and that he does not have any fact about the chest.

B. The decision-making victim is the background and situation of his indecent act in this Court;

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