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(영문) 대구지방법원 2015.11.10 2015고단2436

강제추행

Text

1. The defendant shall be punished by imprisonment for six months;

2. Taking lectures necessary to prevent sex crimes for 40 hours against the defendant;

Reasons

Punishment of the crime

1. On April 22, 2015, around 12:38, the Defendant committed an indecent act by force against the victim D (n, 27 years of age) in front of the building elevator of E, in which the victim D (n, son) in Daegu-gu, Daegu-gu, was employed as an employee.

2. At around 11:40 on April 23, 2015, the Defendant, at the above Esck on the top of the left chest part of the victim’s own chest, strts trademark on the finger part of the victim’s hand, and the victim, who gets the victim’s hand to play, strts trademark on the part of the victim’s hand, and kids trademark on the part of the victim’s hand, committed an indecent act by force against the victim by putting the victim’s hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to D or F;

1. In the investigation report (Attachment of CCTV data related to a driving place) and defense counsel claimed that the defendant did not have the intent to commit an indecent act against the victim, and merely argued that the defendant did not have an secret easy contact while making the victim's personnel management. Thus, all of the acts of cutting down the victim's arms before the elevator, the behavior of cutting down the victim's arms before the elevator, or the behavior of taking the victim's chest in Escke is seen to exceed the degree of contact that people naturally personnel in daily life. At ordinary times, the defendant attempted physical contact such as the victim's arms, shoulder, buckbucks, etc. at ordinary times. At each time, the victim did not express clearly that the victim was a member of the above center's age and did not express that he did not want to do so. At the time of the crime of this case, the defendant was expressed in his heart by cutting down his hands or cutting off his body, and the defendant scambling the victim's body before the elevator at the time of the crime of this case.