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(영문) 서울중앙지방법원 2020.10.23 2020고단2026
강제추행
Text

Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. On July 7, 2019, Defendant A, at the main point of Gangnam-gu Seoul Metropolitan Government C and 1st floor D'D on July 10:25, 2019, solicited the victim E (the victim South and the age of 32) to sit up for a short time, and forced the victim to commit an indecent act by inserting his hand into the inner part.

2. Defendant B, at the above date and place, committed an indecent act on the part of the victim’s bomb by forcing the victim to have the victim knife his sexual organ by force.

Summary of Evidence

1. Defendant B’s legal statement of Defendant F (tentative name) witness;

1. Application of 112 Declaration No. 112 Declaration No. 112 to the Defendants’ respective police-related statement statement concerning F of the suspect interrogation protocol, and application of Acts and subordinate statutes requesting appraisal

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning criminal facts and the choice of fines;

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

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

1. Article 2 of the Addenda to the Act on the Protection of Children and Juveniles against Sexual Abuse (Act No. 16622, Nov. 26, 2019); Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; the main sentence of Article 59-3 (1) of the Act on Welfare of Persons with Disabilities;

1. Determination as to the assertion by the Defendant A and the defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. The summary of the argument is that Defendant A had the victim's sexual organ by raising her hand above the victim's her hand at the time of the instant case, and there was no fact that Defendant A had the victim's sexual organ met by inserting her hand on the part of the victim as stated in the facts charged.

(Defendant B) Judgment on the facts charged No. 2.

A. The key issue of the instant case is (i) whether Defendant A was exposed to the victim’s sexual organ, or was exposed to the victim’s inner organ; and (ii) whether Defendant A implicitly consented to the victim’s contact in light of the situation and atmosphere at the time, etc., and (iii) whether it can be seen as having been done under the victim’s consent.

On the other hand, the victim's statements are important parts of the statements.

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