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(영문) 수원지방법원 2015.07.09 2015고단378
강제추행미수
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 31, 2014, the Defendant 22:15, and the Defendant 2:3 singing together with company trade fees at the “C Kinginginging-gu” located in Young-gu B and the second floor in Suwon-si, Suwon-si, Suwon-si.

The toilets have taken place.

In order for the victim to enter the port, the victim D (at 25 years of age) who is confluent, and the victim was approaching the victim, she was flicked, she was flicked, she was flicked, she was flicked only once, and she was flicked, and she tried to commit an indecent act, such as the victim's face being sealed into the victim's face and forced her face three times. However, when the victim was pushed into the victim's seat, she did not bring the victim's male her male seat into the above one, and did not commit an attempted act.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and E;

1. Each part of the statement made by the prosecutor's office and each police interrogation protocol of the defendant against the defendant [the rejection by causing a suspicion that there is no reasonable ground for proof cannot be permitted as exceeding the bounds of the principle of free evaluation of evidence (see, e.g., Supreme Court Decision 2013Do14656, May 16, 2014). In a case where the statements made by the witness, such as the victim, are mutually consistent and consistent with the facts charged, it shall not be rejected without permission unless there is any other evidence objectively deemed objectively reliable from the objective perspective (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). The victim DNA's statements that correspond to the facts charged in this case are consistent from the time of investigation to the present court, and are consistent with the witness's statements made in the situation immediately after the crime, and in light of his/her attitude to make statements or the contents of their statements in the court]; the application of statutes

1. Articles 300 and 298 of the Criminal Act applicable to the crimes;

1. Selection of a fine shall be made in consideration of the fact that the defendant selected as the alternative fine for punishment is the primary offender and the fact that the crime is committed is committed against the attempted offender, but the indecent act shall be committed.

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