beta
(영문) 광주지방법원 2019.01.09 2018고단2089

강제추행

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 worked as the head of the parking management team in the attached parking lot B in the Dong-gu, Gwangju, and the victim D(n, 45 years old) served as the above head of the management team.

At around 16:00 on January 26, 2018, the Defendant opened a bus settlement room in the above attached parking lot and entered it, and thereafter came to have both of the victims, after which the Defendant had worked there, entered the bus settlement room in the above attached parking lot and used it.

The written indictment contains the statement that “the two sides of the chest were stored in the upper lux and the upper lux.”

According to evidence, it is insufficient to view that the two descendants of the defendant are in contact with the victim's chest, and that the victim immediately gets sound and resisted, and that the chest continued to be "in the principal lue distance" in the state of containing the two descendants.

Since the Defendant actively disputed the act of facts charged and the pleading was conducted, and there was no disadvantage to the Defendant’s right of defense, this part is corrected ex officio within the limit of the identity of the facts charged.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Statement made to D by the police;

1. The testimony of the victim D of the recording shall be consistent, concrete, and detailed with the defendant's act, content of damage, the shot and reaction of the victim, and the situation before and after the commission of the crime.

According to evidence, the transition of C suspension from office to the employees, including victims, who were on probation, was delayed on April 1, 2018, and the victims received education to prevent sexual harassment around March 27, 2018.

On May 4, 2018, the instant complaint was filed.

The defendant is falsely or falsely against the defendant due to the reduction of employment caused by the victim's failure to perform his/her duties, preparation of a report on circumstances, etc.