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(영문) 창원지방법원 2018.04.10 2017고단3931

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

Punishment of the crime

On September 28, 2017, the Defendant, around 00:15, committed an indecent act by force against the victim, by inserting his hand to the lower part of the victim’s counter, and inserting his hand to the lower part of the victim’s front of the D restaurant, which was bleeped in the way of drinking in front of the D restaurant, and committing an indecent act by force.

Summary of Evidence

1. Partial statement of the defendant;

1. The statements of the witness and the victim and the F;

1. Statement made by the police against the victim;

1. Application of Acts and subordinate statutes to video files (USB) and investigation reports (verification of CCTVs at crime scene);

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

1. Determination on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. Although the Defendant’s summary of the assertion was under the influence of alcohol so that the Defendant’s grandchildren could have contacted the victim’s bucks with the victim’s bucks, the Defendant did not commit an indecent act, such as committing an offense, by inserting the Defendant’s hand on the part of the victim’s bucks.

2. The victim stated to the effect that the Defendant, who was sucking in the opposite position consistently from the investigative agency to the court, consistently sees that the Defendant was able to write down panty panty by inserting hand on the bucks.

at the time the defendant was at the right;

F viewed the victim's face by the defendant's hand, the defendant showed that the victim's buckbucks are spucks, and it is appropriate that the defendant intentionally spucks the victim's face and that the defendant was spucks against the victim on behalf of the defendant.

“The statement to the effect that it conforms to the victim’s statement.”

According to CCTV images at the present site, the defendant's progress of communication with the victim, and restores his/her hands out, and immediately after the victim and the defendant join, F seems to reach the defendant.