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(영문) 대전지방법원 2019.10.18 2019고단2667
강제추행
Text

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

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

Reasons

Punishment of the crime

On December 15, 2018, at around 23:33, the Defendant: (a) danced at the “C” camera, which is located in Daejeon Daejeon Seo-gu B; (b) discovered the victim D, who was under the influence of alcohol, was under the influence of dancing; and (c) took the victim’s arms and shoulders into the part of the victim; and (d) brought the victim into the Defendant, the Defendant forced the victim to commit an indecent act by forcing the victim to commit an indecent act by: (a) refusing it; (b) holding the victim’s arms and shoulders; (c) holding the victim back to the Defendant; and (d) holding the victim back again; and (d) refusing it; and (e) having the victim again refused it; and (e) taking the victim’s hand back to the part; and (e) having the victim’s left chest with the Defendant’s own hand, the Defendant forced the victim to commit an indecent act by force.

Summary of Evidence

1. Legal statement of witness D;

1. Statement of D police statement;

1. The assertion and determination of the Defendant of internal investigation reports, the 112 Reporting Report Processing Manual, and the CD

1. The defendant alleged that he had the right to dance with the victim's arms and shoulder, and attempted to go beyond the victim. However, there was no intention to commit an indecent act, but there was no intention to commit an indecent act by the victim, and there was no fact that the victim's winter puts his finger on the upper part, talks with the victim's chest, or talks with the victim's chest.

2. According to the evidence as seen earlier, in full view of the fact that the victim made a statement consistent with the facts stated in the judgment since the investigative agency to this court, and the fact that the defendant sent back the CD video by inserting his hand into the victim's scam and spread out his fingers, and the victim's chests, it is sufficiently recognized that the defendant committed an indecent act like the facts stated in the judgment of the court, and that the defendant's indecent act is sufficiently recognized in light of the parts and circumstances of the indecent act committed by the victim.

Therefore, the defendant's assertion is without merit.

Application of Statutes

1. Article 298 of the Criminal Act and Article 298 of the same Act concerning the crime, selection of fines;

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

1. Punishment, etc. of sexual crimes committed against him/her;

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