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(영문) 인천지방법원 2018.11.16 2018고정1961
강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant is the first time between the victim C (51) who is an acting engineer and the date of the case.

On October 24, 2017, at around 20:50, the Defendant requested a substitute driver in front of the D High School D High School on behalf of the Defendant, and the victim was allocated the Defendant’s vehicle and began to operate the apartment from the place to the Nam-gu Incheon Metropolitan City E.

In that sense, when the vehicle in operation passes G located in the Namdong-gu Incheon Metropolitan City, the Defendant was forced to commit an indecent act against the victim’s will, such as making the victim’s right bucks and rhuming about five times the victim’s right bucks.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. C’s statement;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to a report on investigation;

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 (100,000 won per day) of the Criminal Act to attract a workhouse;

1. Article 62 (1) of the Criminal Act on the suspended execution (including the fact that a victim currently does not want the punishment of a defendant, the degree and details of the criminal conduct, and the fact that the defendant has no history of sex offense);

1. Determination on the assertion by the Defendant and his/her defense counsel under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to

1. Summary of the assertion

A. The Defendant did not have any bucks, bucks, shoulders, etc. of the victim.

Considering the fact that the substitute driving fee has occurred, the victim's statement has no credibility, considering that the victim's statement is not reliable, because he/she mentioned the indecent act at his/her expense, refused to examine the substitute and did not undergo an examination of detection devices.

B. Even if the victim’s statement is true, it is difficult to see that the act of spreading the buckbucks, shoulders, and head room generally causes a sense of sexual humiliation, and the victim stated that she was frighten, and without any special change even after the Defendant’s act.

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