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(영문) 대전지방법원 홍성지원 2016.05.17 2015고단1069
강제추행
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On June 3, 2015, the Defendant: (a) around 02:34 of the same day while playing at the victim and the above G located in H around June 4, 2015, the Defendant her mutual unfluencing gate in the D Bathing beach around 23:00, after drinking the victim and the victim F (n, 22 years of age), and G (n, 22 years of age) in a restaurant, the Defendant her flucing together with fluor in a restaurant; and (b) around 02:34 of the same day, the Defendant her flusium 305 of the victim and the above G flusium in the same city, the flusium flusium flusium flusing the victim and the flusium flusium flusium flusium flusium flusium flusium flusium.

Mag-gu Madar Do

“In doing so, the victim’s left chest turn on one time by hand the victim’s chest, and the victim’s left chest was taken on the job and committed an indecent act by force on the part of the victim.

Summary of Evidence

1. Each legal statement of witness F and G;

1. J photographs;

1. Application of Acts and subordinate statutes concerning the details of processing reported cases;

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant does not have committed an indecent act by force against the victim as stated in the judgment.

2. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the court, the defendant can be found to have committed an indecent act against the victim. Thus, the defendant and the defense counsel’s assertion is not accepted.

A. Only the victim’s statement is direct evidence of the instant crime, and the victim stated in the statement prepared on the day of the instant crime that “the Defendant was suckbucks and bucks.” After that, the victim stated that “the left chest was sbucks and sbucks only once,” and that “the left chest was sbucks only once.” The main part of the indecent act is that “the left chest was sbucks and sbucks only once.”

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