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(영문) 수원지방법원 안산지원 2014.11.21 2014고단1111
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

On January 12, 2014, the Defendant, around 02:00, committed an indecent act by force on the victim I (n, 29 years old), who was in possession of the floor in the Hpentag in Incheon Cheongjin-gun G, by inducing indecent act by force, by inserting his hand into the victim’s clothes, and by holding the right chest into the victim’s clothes.

Summary of Evidence

1. A witness I and each legal statement of the J;

1. Part I of the police interrogation protocol against the defendant

1. Each police statement made to I and J;

1. Application of Acts and subordinate statutes of an investigation report;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 16 (2) and (3) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Articles 47 and 49 of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from the Disclosure and Notification of Personal Information, the proviso to Article 49 (1) and the proviso to Article 50 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse (no previous one shall be disclosed or notified in consideration of family relationship, the outline, etc.);

1. The defendant and his defense counsel asserted that there was no indecent act against the victim, while the defendant and his defense counsel alleged that they committed an indecent act against the victim under Article 186 (1) of the Criminal Procedure Act, the following circumstances acknowledged by each of the above evidence are somewhat false about the part of their own custody irrelevant to the crime of this case from investigation agency to this court (in relation to the place where the victim made a statement that he was forced to commit indecent act by compulsion, it does not seem to be consistent with the defendant's statement because the victim made a confused statement about the place where the victim was forced to commit indecent act by compulsion). However, in relation to the crime of this case, the defendant consistently stated that he was the chest of the victim by his hand, and ② the Justice, who is the husband of the victim and the victim's chest, made the victim's chest in the currency.

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