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(영문) 수원지방법원 안양지원 2019.08.14 2019고단99
강제추행
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The Defendant is a person who serves as the former office in Geumcheon-gu Seoul Metropolitan Government building B and D, and the victim E (the victim E, the female, the age of 24) is a part-time student of the above company, and the Defendant is a worker of the victim’s workplace.

On April 2, 2018, the Defendant, along with the Victim, was going to go to a port with the Victim, and was in a dormitory in the south-gu F hotel G from April 3, 2018 to port, while serving in the camp in the south-gu F hotel G:

4. 4. At around 18:30, after drinking one-lane alcoholic beverage at the time near the accommodation, drinking alcohol as the victim in the two-lane accommodation above the beer, after drinking the same as the victim.

Defendant

4. At around 23:45, the victim, who had drinking as the Defendant, entered a toilet in the state of alcohol and was in the manner of drinking toilets to report the labing of clothes for a cleaning agent, and forced the victim to gather and put in the defendant's house in the drafting for indecent act, thereby committing indecent act against the victim.

Summary of Evidence

1. Each legal statement of witness E (alias), H and I;

1. Each investigation report (the Nos. 26, 31, 39, 41, 43 of the evidence list) and relevant accompanying materials;

1. A report on internal investigation (related to the situation of field mobilization);

1. The CCTV victim made a relatively consistent statement from an investigative agency to this court about the main part of the instant crime, and immediately after the crime, the victim’s respective statements made by H and I, a family member of the victim, also conforms to the victim’s statements.

The victim was forced to commit an indecent act and immediately immediately after the escape, and immediately became aware of the indecent act against the family and the hotel staff, and the victim was investigated by the police as a report of hotel staff.

There is no unreasonable or contradictory part of each statement made by the victim, H and I in light of the empirical rule, and there is no circumstance to suspect credibility even in the attitude of the statement, and it is possible to gather the defendant by taking the risk of punishment for perjury and processing false facts.

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