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(영문) 수원지방법원 안양지원 2018.10.31 2018고단424
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On March 2, 2018, the Defendant, at the main point of “D” located in Ansan-si C during the period of Ansan-si around 03:30 on March 2, 2018, requested the victim E (the 25-year-old age), who had drinking together with her her friend, to comply with it, but was refused.

Nevertheless, the defendant was present at the next place of the victim's friendship and drinking alcohol.

The Defendant, from the taxi platform in the vicinity of the "G store" located in Ansan-si, Ansan-si, while the victim's daily behavior was frighting from the above main point of week, she was forced to enter the victim's body with the shoulder of the victim and the body of the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Statement made by the police for E;

1. CCTV CDs (i.e., the victim consistently testified from an investigative agency to this court that corresponds to the facts charged in the instant case.

After the instant case, the victim immediately reported his damage to the police, and in the investigative agency and this court, the victim stated without any specific contradiction about the situation at the time when the Defendant committed an indecent act, his emotional condition, and the situation after the prosecution.

In addition, there is reason to make a false statement even when the defendant bears the risk of being punished for perjury as an early face of the defendant.

It does not seem that it does not appear.

In light of this point, the victim's statement has credibility.

② Also, according to CCTV video CD in which the situation was taken at the time, the Defendant’s body was able to verify the body of the victim while talking about the victim’s speech.

In full view of the above facts, the defendant can fully recognize the fact that he committed an indecent act by force against the victim, such as the victim's suffering, as stated in the facts charged of this case.

Application of Statutes

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

1. Attraction of a workhouse;

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