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(영문) 서울동부지방법원 2015.11.06 2015고단1293
강제추행
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 22:00 on February 17, 2015, the Defendant: (a) placed the victim in Gangdong-gu Seoul Metropolitan Government “E” package for the “E” package of “E” operated by the victim D (name, 56 years old); (b) placed the victim in front of the back; and (c) forced the victim to use the victim’s humf at ordinary times; (d) humbly humbly humbly humbly humbly humbly humbly humbly humbly humbly humbly humbly humbly humb

Summary of Evidence

1. Each legal statement of the witness F, D and G;

1. Each police statement made to F, D, and G;

1. 112 Report Processing Statement of the 112 Report Case (the defendant and his defense counsel claimed that there was no indecent act against the victim. However, considering the following circumstances acknowledged by the evidence mentioned above, namely, ① the victim clearly stated that he committed an indecent act against the victim as stated in the criminal facts in the judgment of the defendant as consistent from the investigation stage to this court; ② the victim clearly stated that he committed an indecent act against the victim as stated in the judgment of the defendant; ② it is difficult for the victim to find out the circumstances or false reasons to suspect the damage; ③ the witness F and G, who was a customer at the customer site, directly testified the witness F and G, and most of the statements are consistent with the victim’s statement, such as the specific and consistent location and the victim’s indecent act at the time when the defendant committed an indecent act, and thus, the above assertion is not acceptable).

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Article 16(2) and (4) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the Defendant and his defense counsel’s assertion, the Defendant and the defense counsel are under the influence of the Defendant at the time of the instant crime.

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