(영문) 인천지방법원 2017.11.10 2017고정1106

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2017.11.10 2017고정1106

강제추행

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 25, 2016, the Defendant: (a) sought to explain “SM display” to the victim G (hereinafter “SM display”); (b) sought to explain the victim’s “SM display”, which was known through “SM F” in the vicinity of E located in Seocheon-gu, Seocheon-gu, Seoul; and (c) went to the victim’s “Iel” H.

At around 20:20 on the same day, the Defendant displayed implements, such as ropes, ropes, and locks, which are sexual instruments for “SM display” on the floor, and explained the method of using the above implements to the victim, and let the victim kneelel kelelel and kne kele on the floor, the victim knee and kne knee kele knee knee knee kne, and kn the victim’s face to the Defendant’s sexual flag, and the victim’s face is hne kneed

In other words, the victim was forced to commit an indecent act by force, such as cutting and routing the victim's view with both hands and writing the victim's head.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement made by the prosecution with regard to G;

1. Statement of the police statement related to G;

1. The defendant and his defense counsel asserted that he did not commit an indecent act against the victim as stated in the facts constituting the crime only when he tried to sit in the shoulder that he intends to see.

In light of the aforementioned legal principles, the victim G (a name) made a specific and consistent statement to the effect that he/she was forced to commit an indecent act by the Defendant, such as the criminal facts from an investigative agency to this court. As such, there is no special circumstance to suspect the credibility of the statement.

In addition, the Defendant agreed in advance with the victim to explain the victim to SM display through the use of F, F before the maturity. However, according to the evidence above, the Defendant continued to persuade the victim of SM display, and finally, the Defendant continued to persuade it.

유사 판례

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-대구지방법원 경주지원 2017.03.22 2017고정2

-서울북부지방법원 2017.07.13 2016고단5127

-광주지방법원 2016.08.31 2016고단2525