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(영문) 서울중앙지방법원 2020.02.05 2019고단7838
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 of the final judgment.

Reasons

Punishment of the crime

1. At around 01:30 on April 19, 2019, the Defendant, in the instant club, committed indecent act by compulsion, on two occasions, the victim D (n, 22 years of age) around the second-class B club located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, with her very left part of the victim D (n, 22 years of age).

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. The Defendant, in front of the first floor of the elevator in the building in which the club is located, was the victim E (24 years old), the victim F (23 years old) and the second floor above the building in which the club is located with G, to the first floor of the building.

On April 19, 2019, around 02:00 on April 19, 2019, the Defendant: (a) placed the victim F with a mustache, etc. of the victim F one-time from drinking on one occasion; (b) placed the victim F with a heat requiring approximately two weeks of medical treatment; (c) placed the victim E with a beache in the number of days of medical treatment; and (d) put the victim E with a face of G.

G was subject to pressure and was able to take part in the floor together with G.

이를 목격하고 위 클럽 전무인 H가 가까이 와서 피고인의 발 근처에 서 있자 피고인은 갑자기 H의 복부와 허벅지를 발로 찼고, 이어 E의 낭심을 손으로 잡았다.

Accordingly, the defendant injured the victim F and the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G;

1. A written statement prepared D or H;

1. The E-document (F);

1. A statement prepared in F (E);

1. A criminal investigation report (related to a suspect A's deficit address), investigation report (related to the victim E and F counterpart investigation), investigation report (related to the securing of CCTVs, investigation report (related to the securing of CCTVs, such as the first floor elevator of a building), investigation report (related to the securing of CCTVs, such as the victim's first floor elevator), investigation report (related to the victim's DNA telephone conversations), investigation report (related to the victim's first floor telephone conversation), investigation report (related to the analysis of CCTVs), investigation report, and investigation report (victim's E telephone conversations);

1. The victim F, the victim E's photograph, the victim E's body photograph, the 112 reported case handling table, the location of the damaged place (a club structure map), the medical certificate (E), and the medical certificate of injury (F) shall be applied to the law.

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