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(영문) 대전지방법원 2017.11.10 2017고정1059

강제추행

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 11, 2017, the Defendant was boarding a D bus at the bus stops in front of the apartment complex located in the Jung-gu Seoul Metropolitan City, Daejeon Metropolitan City, on May 11, 2017, and around 18:35 of the same day, the Defendant left the bus stops in front of the F convenience store located in the same Gu E, and caused the Defendant to commit an indecent act against the said victim by making the chest of the victim G (Woo, 23 years old, and household name) one time by hand at the bus stops in front of the F convenience store located in the same Gu E.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes governing the legal statement of witness G;

1. Relevant Article 298 of the Criminal Act concerning the facts constituting an offense and Article 298 of the Criminal Act concerning the option of punishment;

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 assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The alleged defendant tried to catch a knife installed between a bus tent and a floor, and only knife the victim's chest on his/her chest.

The defendant has no intention to commit any crime.

2. Determination

A. According to the evidence duly adopted and investigated by this court, the following circumstances are acknowledged, namely, ① the victim committed an indecent act by the defendant as to his chest.

일 관하여 진술하면서, 이 법정에서 “ 당시 피고인이 다섯 손가락을 편 채로 오른쪽 가슴 반쪽을 전체적으로 덮어 감 싸 안듯이 꾹 만졌다” 는 취지로 진술( 증인 G에 대한 녹취 서, 3 면) 하였는데, 당시 촬영된 버스 CCTV 사진의 영상( 증거기록 9 면 )에 의하더라도, 피고인의 손이 아래를 향하며 피해자의 가슴을 감싸고 있는 것으로 보이는 점, ② 피고인은 당시 버스에 설치된 봉 손잡이를 잡으려 한 것이라고 주장하나, 피해자는 이 법정에서 자신이 서 있던 자리의 옆쪽에 봉 손잡이가 설치되어 있지 않았다고

The above CCTV images are stated, and the victim knife the loss installed on the bus upper end with the knife.