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(영문) 수원지방법원 2013.07.09 2013고합281

강제추행

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On March 14, 2013, at around 17:00, the Defendant confirmed that the victim D (inn, 27 years of age) was boarding the elevator on the front of Pyeongtaek-si 101, and followed the victim to board the elevator.

The defendant was close back to the victim's side to the extent that the door of the elevator is closed and the shoulder is fast.

The defendant showed his cellular phone devices to the victim while walking the victim.

Accordingly, the defendant, who thought that the victim would have tried to ask what is the defendant's mobile phone device, had the victim's pictures stored in his/her mobile phone, and the defendant's sexual organ exposed to other women, showed his/her sexual intercourse with other women, and was able to unfold his/her belt as if he/she were.

Accordingly, in order for the victim to take an emergency bell while avoiding his body, the defendant, who is going to the elevator door, displayed the victim's image in the future, obstructed the victim's street and show the above sexual dynamic image, while the victim was able to keep the victim from enjoying the above emergency bell by hand, with his left hand blue of the victim's left part so that the victim cannot enjoy the emergency bell, and carried the victim's right hand.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Records of seizure and the list of seizure;

1. A complaint;

1. Investigation report (verification of ApartmentCCTV) and investigation report (Attachment of video photographs attached thereto);

1. Application of statutes on site photographs;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 48 (1) 1 of the Criminal Act to be confiscated;

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order shows the victim’s obscene videos stored in his cell phone machine in the elevator, following the victim who found the defendant by chance.