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(영문) 인천지방법원 2019.06.19 2018고단8572
강제추행
Text

A defendant shall be punished by imprisonment with prison labor for up to six 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

The defendant is a person in the regular position of the company in which the victim B(n, 49 years of age) holds office, and the victim's trading position.

On May 25, 2018, the Defendant decided to do so with the victim and the same company C, but even though C was unable to get out of the circumstances, the Defendant was able to have a long supper with the victim.

On May 26, 2018, the Defendant completed a drinking place with the victim on May 26, 2018, and was waiting for an agent with the victim's back seat on the EM6 vehicle owned by the Defendant, which was parked in the vicinity of the Seo-gu Incheon Seo-gu apartment, Seo-gu, Incheon, and was waiting for an agent. On the back side of the EM6 vehicle owned by the Defendant, the Defendant, who was faced with the victim, was fluored with the victim's shoulder by hand, and the victim said that "Imari" was "Imari", and the Defendant fluored the Defendant's arm's shoulder and hand, and expressed his intention of refusal. However, even though the Defendant expressed his intention of refusal by fluoring the victim's shoulder with another hand, the Defendant's finger was forced by inserting the victim's chest to the Defendant, and forced the victim's chest to be fluor by inserting the victim's chest up until the victim's clothes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B, C, and F;

1. The defendant in the police statement as to B and his defense counsel asserted that the defendant and the victim were under the teaching system, and that there was an act of the crime of this case, but it was an agreement.

However, the following circumstances, which can be acknowledged by the evidence duly adopted and investigated by this Court, i.e., the victim stated in this Court that the victim expressed to the defendant the intention of refusal by explicitly stating that "I Mana" or "I Mana" is "I Mana", which is being investigated by the police, is consistent with the statement made by the victim, and ii) the victim is in this Court.

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