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(영문) 서울동부지방법원 2018.03.29 2017고단3156
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

On June 13, 2017, around 21:10 on June 21, 2017, the Defendant discovered the victim C (at the age of 23 years) who is protruding before the Defendant’s person in Gangdong-gu Seoul, and committed an indecent act on the part of the victim by deceiving the victim’s left straw with his hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. Investigation report (Attachment to the 112 Report Handling List) (The defendant and his defense counsel are faced with the victim by hand and did not commit an indecent act against the victim;

The argument is asserted.

In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, it can be sufficiently recognized that the defendant committed an indecent act against the victim as stated in the facts constituting the crime in the judgment.

(1) Until this Court, the victim was consistently shotd to the investigative agency and the other party’s traw, as it is in her entirety.

The statement seems to be sufficiently able to distinguish when her senses and her senths were made when her arm's length or room her body faced with his body.

(2) While the Defendant her her but her but her only her but only her but her only her but the Defendant lost his her her her her her her her but not.

On the other hand, the defendant did not hear at all the victim's secret interest.

However, the witness D testified that the victim satising satis in a place less than 10 meters away from the victim.

The statements are consistent with the statements of the victim and are inconsistent with the statements of the defendant.

In addition, when the police was first investigated, the defendant was faced with any military person, but no one had any day.

I think that he/she entered his/her house;

In the second time, when the police is investigated, she is faced with any person and any other person, and she goes to her house after getting off with him/her.

The contents of the statement are different. In light of the above circumstances, the defendant's statement is credibility.

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