(영문) 서울중앙지방법원 2014.01.22 2013고단4433

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(영문) 서울중앙지방법원 2014.01.22 2013고단4433

강제추행

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 5, 2013, at the restaurant "F" located in Seongbuk-gu Seoul Metropolitan Government around 21:30 on June 21, 2013, the Defendant stated that "F" means an indecent act in which the Defendant discovered the victim H (n, 44 years old) who was assisting in the progress of the event at the time when the General Assembly of the G Cooperatives is dissolved, and the victim's right side to the right side of the victim in the indictment is stated as follows. However, the Defendant stated that "the following side of the victim such as the victim is in a way to w off the victim's shoulder with his own arm's length." However, the victim made a statement from the investigative agency that "the defendant was aware of the victim's right side with the victim's left shoulder," and the above facts charged in the indictment are deemed to be a clerical error and thus correct.

In other words, the victim's indecent act was forced by inducing the victim to wrap the shoulder of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, I and J;

1. Each police protocol of H, I, and J;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 298 of the Criminal Act applicable to the crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. All the circumstances acknowledged by the evidence duly adopted and investigated by the court in the grounds for conviction and sentencing of Article 334(1) of the Criminal Procedure Act, including the following: (a) the victim, I, and J has made a statement about an indecent act by the defendant in a specific and consistent manner from the investigative agency to this court; and (b) there is credibility because the statement is mutually consistent; and (c) the victim, I, and J’s statement is hard to view that the statement is false even when considering the content of the statement or the attitude of the victim, I, and J in the court, it is difficult to view that the statement is made by the victim, I, and I, and I, even when taking charge of perjury

On the other hand, the defendant does not seem to have consistent and strong reflection as a vindication, and due to the defendant's indecent act in this case, the victim has considerable mental health.

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