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(영문) 서울중앙지방법원 2019.11.29 2019고단4951

강제추행

Text

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

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

Reasons

Criminal facts

On February 22, 2019, around 05:23, 2019, the Defendant committed an indecent act by force against the victim D (here, 26 years of age) who has danced at the stage of the “C” located in Gangnam-gu Seoul Metropolitan Government, with her hand. The Defendant committed an indecent act against the victim by deceiving the victim’s her her son with the defect of the resistance.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Application of Acts and subordinate statutes of the 112 Reporting List;

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 main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; Article 2 of the Addenda to the Welfare of Disabled Persons Act (Act No. 15904, Dec. 11, 2018); the main sentence of Article 59-3 (1) of the Welfare of Disabled Persons Act;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Judgment on the assertion of the defendant and defense counsel under Article 186(1) of the Criminal Procedure Act that bear litigation costs

1. The Defendant, as stated in the instant facts charged, did not look at the victim’s her son.

The victim, after being subjected to indecent act by compulsion by force from the male on his name, found for about 30 minutes of the male in the club in which the male was judged to move to another place, and the defendant who is similar to his clothes and clothes are identified as the criminal by mistake as the male.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court, it is reasonable to view the victim as the Defendant, who committed indecent act as the facts charged in the instant case.

Therefore, the above argument is not accepted.

A. At the time of the instant case, a man who does not know of the victim (hereinafter “victim”) was able to keep the victim’s her son away from the rear side of the victim and rhym.

The victim immediately saw back to the perpetrator, “I am her her but her but her but her.”