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(영문) 대전지방법원 논산지원 2018.09.05 2018고합38

아동ㆍ청소년의성보호에관한법률위반(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 February 14, 2018, the Defendant is a foreigner of Kazakh's nationality who entered the Republic of Korea and stays in the capacity of refugee application (G-1-5) (G-1 August 31, 2018), who is a foreigner of Kazakh's nationality during the period of stay.

On July 22, 2018, at around 22:30 on July 22, 2018, the Defendant: (a) committed an indecent act by force against the victim by putting the victim D (one, the 16-year old) hand seated on the left side of the Defendant in the shuttle bus C, and by putting the victim D (one, the 16-year old) seated on the victim’s right side; (b) expecting the victim’s head to the right shoulder; and (c) committing an indecent act by force against the victim’s face near the victim’s face, as the victim’s knife and ked with the victim’s hand.

Summary of Evidence

1. A statement by the defendant in the court (a statement to the effect that he/she will be injured by the victim's satisfe at the date and time, place, and brings his/her face near the victim);

1. Part of the protocol concerning the prosecution and the police interrogation of the accused;

1. Statement made by the police with respect to D;

1. E statements;

1. Individual immigration status, long-term foreigner information, etc., investigation report (to listen to the victim E phone statement) [ although the defendant has been suffering from the victim's hand, etc. at the time and place in his/her ruling, it is merely a formal personnel of women at his/her high altitude, and there is a fact that is naturally different to the victim while dialogueing the victim with the victim, it did not intentionally attempt to contact the victim as stated in the facts charged.

The argument is asserted.

However, the victim clearly states the specific facts of damage, such as the facts charged in the judgment, and the witness E's statement also conforms to the victim's statement.

The fact that the victim requested the help of the passenger on the side at the time, and the police informed the mother of the fact of the damage by the cell phone, also supports the statements of the victim and witness.