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(영문) 부산지방법원 서부지원 2018.11.30 2018고단1761

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

The defendant worked as the team leader of E's management support team in Yangsan-si D, and the victim F(n, 31 years of age) was working as an employee of the above management support team.

1. In general, on June 9, 2015, the Defendant’s date and time of a crime is a requirement to specify the facts charged, not a fundamental element of criminal facts.

Unless the interval between crimes is long and the date and time of a crime is deemed to have serious relationship with the establishment of a crime or where various criminal facts that differ temporarily in the nature of the case are compatible with each other and are likely to disadvantage the defendant’s exercise of his/her right to defense, the identity of basic facts may be maintained even if the date and time are somewhat different (see, e.g., Supreme Court Decisions 82Do2156, Dec. 28, 1982; 91Do723, Jun. 11, 1991). In addition, where it is deemed that there is no concern that the defendant’s exercise of his/her right to defense may be seriously disadvantaged in light of the progress of trial within the extent consistent with the facts charged, even if the indictment is not modified ex officio, the facts constituting a crime different from the facts charged as stated in the indictment (see, e.g., Supreme Court Decisions 2017Do1070, Nov. 14, 2017; 2006Do3634, Mar. 26, 2005).

22:00 H hospitals located in Yangsan-si G shall complete a relocation ceremony in front of a non-cafeteria, and take it into the house.

The defendant was carrying a damaged person on the back seat of his own car, carried the damaged person on the back seat of his own car, carried him by one hand, put him on his seat, put him on his seat by another hand, and made an indecent act by force.

2. On March 2016, the Defendant called a hall at the J restaurant located in Yangsan-si I.