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(영문) 부산지방법원 동부지원 2018.08.08 2018고단723

강제추행등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant shall be a member of the apartment building B center in Busan Metropolitan City, and the victim C (V, 69 years of age) shall be the chairperson of the same route party.

1. On July 19, 2017, the Defendant: (a) visited the Defendant to receive a return of the glass disease containing the ginseng that the injured party had delivered to the Defendant at the home of the Defendant’s apartment No. D apartment No. 19:00, the Defendant committed an indecent act by force against the victim by forcing him/her, upon the Defendant’s solicitation, to wear back the ginseng in which he/she had been seated along with the beer in the ward.

2. In around November 17, 2017, the Defendant insultd the Defendant, even though he did not have any particular relationship with the victim in the apartment building B in Busan-gun, Busan-gun, but was in a special relationship with the victim, and as if he suffered monetary damage from the victim, the Defendant is the Chairperson is replaced with the victim in the presence of the general center for senior citizens, E, and senior citizens.

It is a bee snick.

“Publicly insulting the victim.”

Summary of Evidence

1. Partial statement of the defendant;

1. The witness C’s legal statement (the defendant is suffering from the victim’s consent, and even if not, the defendant did not have the intention of indecent act.

However, in light of the consistent, detailed, and natural contents of the victim’s statement, the attitude of the victim and the defendant’s statement in this Court, and the speech and behavior of the defendant and the victim after the crime of this case, the victim does not appear to have made a false statement or false statement.

According to the statement, etc. of the victim, it is appropriate for the defendant to view the victim against the victim's will, and there was an intentional act by force against the defendant.

Recognized.

Defendant’s assertion is without merit.

Application of Statutes

1. Relevant Article 298 of the Criminal Act, Article 31 of the Criminal Act, and the selection of each fine for the crime;

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.