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(영문) 서울중앙지방법원 2020.06.17 2019고단6566
강제추행등
Text

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

1. On May 14, 2019, at around 19:00, the Defendant took the same attitude in the operation of the Victim C (Y, 55 years of age) located in Gwanak-gu in Seoul Special Metropolitan City, and took the same attitude in which the Defendant would normally pay the full amount. The Defendant ordered two kinds of alcoholic beverages, roasting, roasting, one total sum of KRW 21,000, such as roasting, and alcoholic beverages, and received the said alcoholic beverages and alcoholic beverages from the believed victim.

However, the defendant did not have the intention or ability to pay the above amount.

Accordingly, the defendant deceivings the victim to acquire the above amount of 21,000 won from the victim.

2. When the victim demanded payment of the above price at the above date, place, and the victim demanded to do so, the Defendant rhumdddd the victim’s left hand on his left hand with the victim’s clothes above the victim’s clothes.

Accordingly, the defendant committed indecent acts by force against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the witness C’s legal statement;

1. Legal statement of witness D;

1. Investigation report (Submission of a business report for the victim), investigation report ( telephone conversations for the witness);

1. Application of Acts and subordinate statutes on site photographs and receipts;

1. Relevant Article 347(1) of the Criminal Act, Article 298 of the Criminal Act and the choice of imprisonment for a 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 assertion by the accused and the defense counsel under Article 62-2 of the Criminal Act, Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes

1. Summary of the assertion

A. As to the fraud of Paragraph (1) of the crime, since alcoholic beverages, etc. were received on credit with the consent of the victim, there was no intention to commit deception or fraud.

나. 범죄사실 제2항 강제추행의 점에 대하여, 피해자의 엉덩이를 툭 친 것은 사실이나, 나머지 추행행위는 하지 않았다.

1. The defendant and his defense counsel who committed the crime in the crime of paragraph (1) above shall be the victim;

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