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(영문) 서울북부지방법원 2017.05.11 2016고단5589
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is the owner of “C” restaurant, and the victim D (V, 19 years of age) is a person who is working as a part of the restaurant at that place.

On October 25, 2016, the defendant met the victim on October 16, 2016, and the victim failed to pass an occasional screening for admission to a university, the defendant was lengthed to provide meals together for the above purpose and move back to the house.

On October 25, 2016, around 19:20 on October 25, 2016, the Defendant: (a) placed in the seat next to the Defendant’s vehicle located near the F middle school located in Seongbuk-gu Seoul in Seongbuk-gu, Seoul; (b) placed too rare and bad; (c) placed the victim’s left side on two occasions due to the Defendant’s improper inspection and suspension; and (d) placed in the H restaurant located in Seongbuk-gu Seoul; and (c) placed the victim in the vicinity of the H restaurant in Seongbuk-gu, Seongbuk-gu, Seoul; and (d) committed an indecent act by force against the victim by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness D;

1. A criminal investigation report (related to cases where the suspect's pocket book and cash are sent to the victim);

1. The credibility of each statement in the victim's court and investigative agency is recognized in light of the defendant's act, content of damage, shot and reaction, and the circumstances before and after the crime. Unlike the fact that there seems to be any circumstance to be false in the statement, the credibility of the statement is recognized in light of the victim's attitude of statement in this court.

According to the evidence of each judgment, the defendant's act may be recognized as having been committed by the defendant, and the above act by the defendant may cause sexual humiliation or aversion in light of social norms, and infringed the victim's sexual freedom as an act contrary to good sexual morality.

Therefore, it is reasonable to view that the act constitutes an indecent act prescribed in the crime of indecent act by force, and furthermore, in light of the behavior of indecent act and the situation at the time, the relationship between the defendant and the victim, the defendant may also be recognized as an indecent act.

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