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(영문) 서울남부지방법원 2017.03.15 2015고단5304
강제추행
Text

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

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

Reasons

Punishment of the crime

On September 26, 2015, the Defendant, at around 00:05, committed an indecent act against the victim D, who is an employee of the above main shop, in his/her own hands, in the light of the trade name “C” located in Suwon-gu Busan, Busan, the Defendant: (a) committed an indecent act against the victim by force, by using his/her turbane as his/her hand.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement of witness E in the third public trial protocol;

1. On-site CCTV images (the defendant asserts that there is no indecent act against the victim, but the victim was committed by the investigative agency to commit an indecent act as shown in the facts charged from the defendant to this court;

As consistently stated, no special circumstance exists to suspect the specific and credibility of the statement.

In addition, the legal statement of the witness E, who is the fee employee, also complies with the victim's statement, and in CCTV images installed at the site of this case, it is also supported the credibility of the victim's above statement that it is confirmed that the net victim's side of the defendant's arms and resisting the fact of indecent act is the victim's wrong behavior.

In conclusion, according to each of the above evidence, the defendant's above assertion is not accepted, since it can be acknowledged that the defendant committed an indecent act against the victim as stated in the judgment of the court below.

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not have any record of criminal punishment against the defendant, and the victim does not want the defendant to attend this court as a witness and present himself/herself in this court.

The punishment shall be determined as ordered by taking into consideration the favorable circumstances in which the stated matters are stated, and by taking into account the sentencing conditions as shown in the records and changes.

registration and submission of personal information.

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