Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

Part of the facts charged in the indictment was revised according to the facts obtained through the examination of evidence without the amendment process to indictment to the extent that it does not disadvantage the defendant's defense right.

피고인은 2017. 7. 1. 22:00경 경기 양평군 B 객실 내에서, 바닥에 엎드려 일하고 있던 피해자 C(여, 43세)의 뒤로 다가가서 두 팔로 피해자를 끌어안고 바닥에 뒹구는 등 피해자를 강제로 추행하였다.

Summary of Evidence

1. C’s legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement to C by the police;

1. A complaint;

1. Determination as to the assertion by the complainant, the court below's decision as to the closure of the contents of letters D in the south of the Republic of Korea and the defendant and his defense counsel

1. 주장의 요지 피고인은 피해자, 피고인의 처제 E와 어깨동무를 한 상태에서, 남편의 사망으로 우울해하는 E를 달래 주면서 행복하게 잘 살자고 이야기하다가 중심을 잃고 쓰러지면서 피해자와 뒤엉킨 것일 뿐, 피해자를 끌어안고 뒹구는 등 추행한 사실이 없다.

2. In light of the following circumstances acknowledged by the evidence presented as evidence of guilt prior to the judgment, the defendant can sufficiently recognize the fact that the victim committed an indecent act by force as stated in the facts constituting the crime in the judgment of the court, and the witness D’s statement and materials submitted by the counsel alone do not interfere with the above recognition. Thus, the defendant and the defense counsel’s assertion is not acceptable.

The victim made a consistent and clear statement from the investigative agency to the court that he was subject to indecent act by the defendant. In addition to the contents of the victim's statement and the attitude of the victim's statement in the court, the victim's statement has credibility.

B. The special motive for the victim to gather the defendant by undermining the risk of being punished for a false accusation or perjury, and tending false facts.