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(영문) 서울북부지방법원 2015.09.24 2014고단1301
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

On March 22, 2014, at around 00:20, the Defendant discovered the victim D (the age of 46) at the bus stops in front of the Seoul Jung-gu Office Officetel, and committed an indecent act by force against the victim by forcing the victim by using both arms, raising the fucks of the victim, towing the victim into the neighboring building, towing the victim to the left fucks, pushing the victim into both arms, driving the fucks, driving the fucks toward the adjacent building, driving the fucks toward the fucks, driving the fucks toward the two arms, driving the fucks toward the left fucks.

Summary of Evidence

1. Legal statement of the witness D;

1. Of the third trial records, the part concerning the witness E’s statement (the defendant and his defense counsel are “influence and fluorite,” and the defendant’s grandchildren are loaded, and the defendant did not commit indecent act by force against the victim. However, the victim’s legal statement does not contain any specific and contradictory circumstances, and there is no circumstance that the victim’s statement as to the major part of the crime, such as the commission of the crime and the conduct of the defendant, and the process of rescue request, etc., and the witness’s statement at the time is also supported the credibility of the victim’s statement. In full view of the credibility victim’s and witness’s legal statement, it is sufficiently recognized that the defendant committed indecent act by force against the victim, and thus the defendant and his defense counsel’s assertion

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning the crimes;

1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);

1. Standard of sentencing for the reason of sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by the Defendant [the scope of the punishment by force] under the decision of sentence of category 1 (the scope of the punishment by force by force by force by force by force by the general) (the scope of the punishment by force by force by force by the Defendant] under the decision of sentence of basic area (six months to two years of imprisonment), the circumstance, age, occupation relationship, character and life

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