beta
(영문) 서울서부지방법원 2019.03.27 2018고정1067

강제추행

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 30, 2018, at around 03:34, the Defendant stated that the Defendant committed an indecent act against the victim’s D (here, 20 years of age) who had danced at the “C” club located in Mapo-gu Seoul Metropolitan Government, with the victim’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her but her her

그러나 이 법원이 적법하게 채택하여 조사한 증거인 내사보고(CCTV붙임 관련)의 CCTV 영상에 의하면, 범행 당시 피고인이 오른손으로 위 피해자의 오른쪽 엉덩이를 툭 치고 재차 손바닥으로 엉덩이 부위를 만진 사실, 위 피해자는 추행을 인지하고 곧바로 몸을 틀었고, 피고인이 위 피해자의 엉덩이를 손으로 움켜쥐지는 못하였던 사실이 인정되므로, 앞서 본 피해자의 이 부분 관련 진술은 신빙성이 떨어지고 달리 이 부분 공소사실을 뒷받침하는 증거는 없다.

As the Defendant is also disputing the same purport and does not cause substantial disadvantage to the Defendant’s defense right, the method of indecent act ex officio without changing the indictment to the extent recognized as identical to the facts charged is recognized as above.

The victims were forced to commit indecent acts.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Part of the police statement concerning victim D;

1. Application of the Acts and subordinate statutes governing the internal investigation report (CCTV attached thereto);

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. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act are as follows. The following circumstances and the degree of indecent act are as follows.