(영문) 서울서부지방법원 2017.05.24 2016고단3861

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울서부지방법원 2017.05.24 2016고단3861

강제추행

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On August 9, 2016, the Defendant was employed as an employee of the Defendant at around 21:00, and the Defendant was able to discuss the issue of the victim D (at 50 years of age) who retired from office and retirement pay by drinking alcohol to Finging in Seoul E after drinking, and attempted to do so by putting the victim's hinging the hing of the victim who singing in singing in good hands and hing the face of the victim who sing in the damaged place, and refused to do so by putting the victim's hinging the hinging of the hing, making the chest hing in the victim's clothes, making the victim hinging the victim's left hand, after putting his hinging it into the victim's hing, and putting them into conspiracy with the female's hand.

Therefore, the defendant forced the victim to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Each police statement made to D or G;

1. Attachment of the victim’s body and his/her text message pictures to the victim’s body and the suspect [the victim was consistently committed an indecent act like the Defendant’s statement in the facts constituting the crime since the complaint was filed until this Court;

A statement is made, and the truth response is also shown as a result of the psychological physiological test on the victim, and the victim is found to have been on the part of the victim in the process of the defendant's body to avoid this by attempting to set the threshold and fit it.

On August 11, 2016, the victim’s diagnosis report and the victim’s sub-mail correspond to the above statement, and the victim sent H message informing the defendant that sexual indecent act was committed on the day following the crime in this case. The defendant only talks that he was unable to memory under the influence of alcohol and did not actively deny the fact of indecent act. If the contents of the defendant’s specific change in the court of this case are the defendant’s memory, the above defendant’s attitude is based on empirical rule.

유사 판례

-서울북부지방법원 2015.10.02 2015고합174

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-광주지방법원 2015.06.19 2014고합616

-광주지방법원 2015.06.29 2015고합120

-울산지방법원 2017.04.27 2017고합19