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(영문) 서울북부지방법원 2018.06.21 2017고단5766
강제추행
Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

However, the sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 30, 2017, at least 21:30 on October 30, 2017, the Defendant committed an indecent act by: (a) on the part of the victim E (at least 43 years of age) who was singing together with the victim E (at least 43 years of age) at a singing practice room in Dobong-gu Seoul, Seoul Underground 1, 200; (b) the victim’s breast while playing singing together with the victim E (at least 43 years of age); (c) the victim’s face was talked with his/her finger; (d) the victim was forced to leave the victim on his/her face despite his/her continuous refusal; (d) the victim was forced to leave the victim on his/her part; and (e) the victim’s chest was trying to leave the victim’s chest with the wall; and (e) the victim’s body he/she was able to force him/her to use his/her body.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the interrogation of suspect with respect to F;

1. An investigation report (verification of CCTV image data and attachment of a closure screen);

1. The victim’s photograph, DNA CD 1, CCTV video data, etc. (the victim is consistently and specifically stated in this Act and an investigative agency as to the time period during which the defendant started to commit an indecent act against the victim; the defendant’s physical injury; the content of damage; the defendant’s indecent act in the process of preventing the victim from committing an indecent act; the victim’s specific behavior in the process of preventing the indecent act; and the victim’s perception and circumstances before and after committing an indecent act; and there is no other circumstance that the victim’s statement is false.

When the victim's statement is discovered in the police as a singing voice, the victim's statement is deemed to be reliable when considering the circumstances where the victim voluntarily reported 112 at the time of the case and the attitude of the victim's statement in this court when the victim was aware of the danger of criminal punishment even to himself/herself.

According to the evidence of the judgment, the defendant can be found to have committed an indecent act against the victim as stated in the facts charged.

The laws and regulations;

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