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(영문) 청주지방법원 2018.11.29 2018고단731
강제추행등
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On July 2017, the Defendant reported the marriage in around 2014 to the victim C (the age of 22) and the divorce lawsuit was pending from around July 2017.

1. On December 15, 2017, the Defendant forced indecent conduct committed an indecent act by force on the part of the Defendant’s house located in Cheongju-si, Cheongju-si D or 105, and on the part of the Defendant’s house located in Cheongwon-gu, Cheongwon-gu, Cheongju-si, and 105, despite the victim’s refusal to engage in a sexual intercourse, the Defendant forced the victim to commit an indecent act by inserting his hand into the victim’

2. The Defendant was at the time and place indicated in the preceding paragraph, and at the same time and place, the amount and scarcity, etc. of the victim in his house in which the victim suffered the damage to the Defendant, and the victim was rashed with the victim’s neck, “scarping down, scarra, scarra,” and the victim’s neck in his hand, who continued to suffered the victim’s clothes, followed the tear of the clothes on the part of the victim’s clothes, and followed the victim’s clothes on the floor.

Accordingly, the defendant assaulted the victim and damaged the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police against C;

1. The list of seizure (the defendant and his defense counsel did not explicitly indicate the victim's refusal to do so when the defendant's body meets the victim's body, and the defendant did not commit an indecent act by deceiving the victim with the intent to improve marital relations, and there was no intention to commit an indecent act, and there was no intention to commit an indecent act. However, the defendant did not spathize the victim's timber, but only did spathn.

In particular, the evidence duly adopted and examined by the victim's statement, and the victim's statement, "the defendant and the victim were living separately for three months in the divorce lawsuit at the time of divorce, and they were living together as soon as possible because they had no place to go to her, and the victim attempted to leave late, and therefore, they did not refuse to leave her body, and thus they do not sprink his hand.

However, the defendant did not stop his behavior, and at the time, the victim does not refuse to do so by the defendant while the victim calls for a child.

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