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(영문) 수원지방법원 2015.02.12 2014고합506

강제추행

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

At around 19:30 on June 21, 2014, while the Defendant ordered food in the “F” in the “F in the Ssung City E, the Defendant, who was an employee, committed an indecent act on the part of the Defendant by forcing the victim to use the Defendant’s arm’s length in a way that the Defendant would use the Defendant’s arm’s length in the Defendant’s left hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Some statements of the prosecutor's office and police interrogation protocol of the accused;

1. The police statement concerning G;

1. Determination as to the assertion of the defendant and his defense counsel, each report on the occurrence of the case and each investigation report (Evidence List 2, 6)

1. The gist of the assertion is that the Defendant: (a) recognized the fact that the Defendant changed the victim “one to another”; (b) did not have any fact by using the victim’s arms; and (c) did not constitute indecent act by compulsion even if such act was committed.

2. The term "indecent act" means an act which causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus infringes on the victim's sexual freedom, and the determination of whether an act constitutes an act shall be made carefully taking into comprehensive account the victim's intent, gender, age, relationship before the offender and the victim, circumstances leading to such act, specific manner of act, objective situation surrounding it, sexual morality, etc.

(2) According to the CCTV established at the place where the crime of this case was committed, the following circumstances revealed by the evidence revealed as evidence of guilt (see, e.g., Supreme Court Decision 2001Do2417, Apr. 26, 2002). ① The victim has consistently stated the horses and actions of the Defendant at the time of the instant case from investigative agency to this court, and the situation before and after the commission of the crime. ② According to CCTV installed at the place where the crime of this case was committed, the victim is the victim’s left hand after the Defendant was able to take a hand by hand from the victim.