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(영문) 인천지방법원 2016.11.02 2016고단3949

강제추행

Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is as follows: (a) on March 5, 2016, the Defendant: (b) around 08:00, around 08, 2016: (c) around 08:0, at “D Sing shop” located in Sinporo C, one and two persons engaged in drinking and singing together; (d) the victim E (one person, two years of age), among the Doesle, moves in a room to commit an indecent act against the victim; and (e) the victim, in a warehouse where alcoholic beverages are stored on the part of the toilet, she sealed the victim into bucks and bucks of the victim; and (e) laid the victim’s bucks and bucks into the chest and bucks of the victim; and (e) made the victim enter both chests.

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

2. Determination

A. The defendant and his defense counsel argued to the effect that acts recorded in the facts charged were generally acknowledged, but there was no intent to commit indecent act by compulsion. According to the arguments and records, the following facts and circumstances are acknowledged.

(1) The circumstances from two persons to the entry into a room and a warehouse shall be examined first.

According to the result of reproducing the "No...." file from among CDs in which CCTV images as evidence were stored during the third trial, the Defendant and E are able to knife along with their singing room, knife the corridor, knife the Defendant’s body in front and knife, and knife the Defendant’s hand, or knife the Defendant’s hand, and knife the Defendant’s hand. At the end of the corridor, it is confirmed that the Defendant first knife into the port of the corridor, and E is followed by the Defendant.

The defendant forced E to leave the warehouse.

It does not seem that E would have taken the defendant against his will.

However, E made a statement that is different from images in the court and the investigative agency on this part.

In other words, E has run the same play in investigative agencies, and has been in a room to bring toilets into toilets, and has reported work in the toilets.