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(영문) 전주지방법원 2019.10.30 2019고단749
강제추행
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 11, 2019, at around 01:47, the Defendant committed an indecent act by force on the part of the victim D (n, 21 years old) who brought drinking to the Defendant’s table, by forcing the Defendant to wear the left hand hand hand on the inside of the hand hand, and by forcing the victim to do so.

Summary of Evidence

1. Partial statement of the defendant;

1. A prosecutorial statement of the defendant;

1. Statement made to D by the police;

1. The Defendant filed a report on internal investigation (verification of CCTV at the place of occurrence of the incident) without any fact that his/her own flag was obstructed because he/she attempted to get his/her arms by forcing him/her to wear his/her arms on the part of the victim, and that his/her flag contacted his/her flag on the part of the victim;

Even if it is alleged that there is no intention of indecent act by compulsion.

However, according to the evidence duly adopted and investigated by this court, the victim made a concrete and consistent statement at an investigative agency on the facts of damage to the purport that "the victim was unable to continue to perform ice-related duties under the impulses of the defendant at the time, and was notified of the fact that he was sexually imprisoned by the customer, and reported to the police." There is no circumstance to suspect the credibility of the above statement, and the CCTV installed within the store of this case seems to have been taken by the defendant toward his own face, and the defendant also made a statement at the prosecutor that he had contacted the victim's hand and his own scamb on the victim's own face. In full view of the above evidence, it is sufficiently recognized that the defendant had committed an act of complying with the victim's handbon by each evidence.

On the other hand, indecent act means an act that causes sexual humiliation or aversion to the general public and is contrary to good sexual morality, which infringes on the victim’s sexual freedom, and whether it constitutes such an act shall be determined by the victim’s intention, gender, age, and perpetrator and the victim.

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