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(영문) 대전지방법원 2019.03.29 2018고단2806

강제추행

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

피고인은 2018. 6. 30. 19:50경 무궁화호 B 5호차 36호석에서 옆좌석에 앉은 피해자 C(여, 50세)에게 “예쁘다. 내가 젊었으면 당신 꼬셨을텐데.”라고 말하며 왼손으로 피해자의 오른쪽 허벅지를 움켜잡고 이에 피해자가 항의하자 미안하다며 다시 왼손으로 피해자의 오른쪽 허벅지를 움켜잡았으며, 계속된 피해자의 항의에도 불구하고 왼손으로 피해자의 오른쪽 어깨를 움켜잡아 피해자를 강제추행하였다.

Summary of Evidence

1. Legal statement of witness D;

1. Statement made by C of a witness in the second protocol of trial;

1. The police statement about C (the defendant and his defense counsel asserted that there was no indecent act against the victim as stated in the judgment, but according to each of the above evidence duly adopted and investigated by this court, the victim has made a consistent and concrete statement in investigative agencies and this court on behalf of the defendant about the crime of this case, its previous and subsequent circumstances, and the victim's statement does not peep into the circumstances that would otherwise be false in the victim's statement, and thus, it is consistent with the witness's statement, so credibility is deemed to exist. According to each of the above evidence, according to the investigation agency of the victim with credibility and each of the above evidence including the statements in this court, it can be sufficiently recognized that the defendant committed an indecent act against the victim as stated in the judgment of the court. Accordingly, the above argument by the defendant and his defense counsel is groundless

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed;

1. The defendant of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order denies the crime, and does not make any effort for the victim's severe death or recovery from damage.

The victim wanted to punish the defendant.