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(영문) 부산지방법원 2016.07.15 2015고합790
강제추행등
Text

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

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

Reasons

Criminal facts

1. On November 1, 2015, the Defendant forced indecent act committed an indecent act by forcing the victim E (M, 32 years old) who was frighted on the street in Busan-gu, Busan-do, and was fright to commit an indecent act by reporting the victim E (M, 32 years old) and committing an indecent act.

2. The Defendant, on the ground that the victim was forced to commit an indecent act at the same place as Paragraph 1, around November 1, 2015, 01:40 on November 1, 2015, B, on the ground that she reported 112 as her claim, she would not have any so doing.

“After the end, the victim was suffering from injury, such as a escape from the mouth, which requires approximately three weeks of treatment to the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A written diagnosis of injury;

1. Determination as to the Defendant and his defense counsel’s assertion on investigation report and attached CDs (Evidence List Nos 12 through 14)

1. 주장의 요지 피고인은 피해자의 가슴을 움켜쥔 사실이 없고, 이 사건 당시 피고인은 과음으로 인하여 심신 미약 상태에 있었다.

2. Determination

가. 강제 추행한 사실이 없다는 주장에 대하여 이 법원에서 적법하게 채택, 조사한 증거들에 의하여 인정되는 다음과 같은 사정들을 종합하여 보면, 피고인은 판시 제 1 항 기재 범죄사실과 같이 피해자의 왼쪽 가슴을 1회 움켜쥔 사실을 인정할 수 있다.

1. The injured party consistently states that the defendant has brought his own left chest on one occasion from the investigative agency to this court.

The statements of the victim are consistent and concrete about the act of the defendant, the contents of damage, the fear and response of the victim, and the situation before and after the crime.

In addition, it is not inconsistent with the statements of F as one witness and other evidence such as field CCTV images.

(2) The purport that the Defendant was faced with the victim because the Defendant her flocks while leaving a flock, narrow the length, etc.

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