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(영문) 서울중앙지방법원 2012.09.14 2012고단2944

강제추행등

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

At around 17:20 on March 11, 2012, the Defendant: (a) committed assault to the victim D (V, 52 years of age) who sit on the back seat of the coastal Highway in a one-speed bus located in the Yaeung-dong, and (b) brought about approximately two weeks of medical treatment to the victim, such as dancing, playing together, and washing the victim’s grandchildren; and (c) sustained approximately two weeks of medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 262, 260, and 257 (1) of the Criminal Act applicable to the crimes;

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

1. The portion not guilty under Article 334 (1) of the Criminal Procedure Act of the provisional payment order

1. The summary of the charge of indecent act by compulsion of force among the facts charged in the instant case is the same date and time as the facts charged in the Defendant’s judgment, and in the process of attracting the victim’s dancing at a place, an indecent act by compulsion was committed by force by inserting the victim’s fingers into the victim’s seat.

The victim’s statement to the effect that it seems consistent with the above facts charged is difficult to believe it as it is in light of the victim E and F’s respective legal statements, etc., and the remaining evidence submitted by the prosecutor alone is insufficient to recognize the above facts charged.

Even if following the victim’s statement, it is insufficient to conclude that the Defendant had the intent of indecent act by compulsion, and there is no other evidence to acknowledge this differently, in light of the following: (a) the developments leading up to the occurrence of the instant case, the place where the victim was lawfully adopted and investigated by this court; (b) the background and purpose of leading the victim to the victim; (c) the body parts and method of the victim attached to the Defendant; (d) the degree and degree of contact with the victim; and (e

Therefore, the charge of indecent act by compulsion among the facts charged of this case is proven.