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(영문) 서울중앙지방법원 2021.02.16 2020고단2025

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 11, 2019, at around 00:30 on August 11, 2019, the Defendant: (a) accessed the victim D (e.g., 23 years of age) who is kept in a place; (b) was aware of the victim’s humf; (c) humfed the victim’s humf; (d) humfed the victim’s humf; and (d) humfed the victim’s humf with humf’s left hand; (e.g., humf’s humf with humf’s humf; and (e) humf’s humf with humf’s humf by force.

Summary of Evidence

1. The witness D’s CCTV CD (the Defendant and his defense counsel did not at all commit an indecent act, such as the criminal facts in the judgment of the Defendant)

The argument is asserted.

According to the above evidence, the following circumstances, i.e., ① the victim was committed an indecent act as stated in the facts constituting the crime from the investigative agency to the court.

A statement is made by the victim. The victim's statement is consistent, specific, and natural with the content of the indecent act committed against the defendant at the time, the victim's perception and response method, the circumstances leading to the defendant's accusation, etc., and above all, the credibility of the victim's statement is acknowledged in light of the victim's statement form and attitude in court. ② The victim does not want punishment against the defendant, especially because the victim does not want to do so, there is no special reason to make the defendant's false statement. ③ The victim's assertion that it is difficult to regard the victim's ordinary indecent act as the victim's form of indecent act because the victim was absent a swimming pool on the part of the victim at the time. However, in the case of sexual crime, there is or is lack of the behavior form of "victim's fear" that the victim's statement must not be disclosed or any act should not be done.

the statement of the victim is difficult to believe.