(영문) 울산지방법원 2015.11.19 2015고단1765

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(영문) 울산지방법원 2015.11.19 2015고단1765

강제추행

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On March 26, 2015, the Defendant, at the “E” restaurant operated by Defendant 104, the victim F (n, 47 years of age) who is an employee of the said restaurant, had the victim physically kid by entering the kitchen, and forced the victim to “I am am me off,” thereby committing an indecent act by force.

2. The Defendant, as stated in Paragraph 1, committed an indecent act by force against the victim by talking the victim’s chest by hand at the same place as that set forth in Paragraph 1 in P.M. on the same day as that set forth in Paragraph 1 in the same day.

Summary of Evidence

1. Legal statement of witness F;

1. The prosecutor's statement concerning the F;

1. The police statement concerning F;

1. A criminal investigation report (Attachment of the contents of conversations with letters, and the contents of each text messages);

1. The defendant and defense counsel asserts that the defendant did not have committed indecent act by force against the victim of a recording record and defense counsel's assertion.

However, in full view of the following circumstances revealed from the record, the statements of the victim can be sufficiently reliable, and considering these statements and the remaining evidence of the victim, the defendant can sufficiently recognize the facts of indecent act by compulsion of the victim, so the above arguments by the defendant and the defense counsel are not acceptable.

① The victim has made a relatively concrete and consistent statement regarding the details of the statements and actions that the Defendant had committed against the victim at the time of indecent act from the investigative agency to this court, the victim’s response, the Defendant’s speech and behavior at the time, and the actions and details of the report that the victim had committed after indecent act. The content of the statement is about circumstances that are difficult without direct experience.

② In light of the details of the instant report, the relationship between the Defendant and the cafeteria operated by the Defendant on the day of the instant case with the victim first worked as an employee.

유사 판례

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