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(영문) 대전지방법원 2015.09.16 2014고단2000
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 April 2, 2014, at around 23:12, the Defendant: (a) moved at the head office of “D” in Seo-gu Daejeon, Seo-gu, Seo-gu, Daejeon, along with driving, and ice ice ice ice while drinking; (b) moved ice ice on the right hand hand of the victim E (the age of 20) and forced the victim to be ice ice ice ice ice on the side of the victim’s right hand; and (c) took part in the victim’s indecent act on the part of the victim.

Summary of Evidence

1. Legal statement of witness E;

1. Statement of witness F in the second protocol of the trial;

1. A investigative report (CCTV video reproduction);

1. CCTV video CDs (the defendant and his defense counsel did not commit any act against the victim's damages, etc. as stated in the facts charged at the time, and even if such act was committed, the act does not correspond to "indecent act" as stated in the indecent act by force, or did not have the intent of indecent act by force against the defendant. It can be sufficiently recognized that the defendant committed an act against the victim's right hand hand hand hand, etc., as stated in the facts charged in the judgment of the defendant, when based on the statement of the victim, E and F and CCTV and CCTV, and CCTV images. Furthermore, the "indecent act" is an act contrary to the general public's sense of sexual morality and thus infringing on the victim's sexual freedom, and thus, it should be determined carefully by taking into account the victim's intent, gender, age, the offender and the relation prior to the victim's objection, circumstances leading to the act, specific circumstances, objective situation, and sexual morality of the age, and the subjective motive and intent of the crime of indecent act should be duly adopted by the court.

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