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(영문) 서울서부지방법원 2015.10.28 2015고단123
강제추행등
Text

Defendant shall be punished by a fine of KRW 700,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Around 01:00 on December 25, 2014, the Defendant committed an indecent act against the victim E (V) in Yongsan-gu Seoul, Yongsan-gu, Seoul. Around 01:00, the Defendant assaulted the victim by taking 2-3 times the victim’s injury.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G, and E in part;

1. Application of Acts and subordinate statutes to photographs of the upper part of the body;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment;

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

1. The degree and circumstances of assault on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, criminal records of the defendant, etc. shall be taken into account. The portion not guilty shall be considered.

1. The Defendant: (a) around 01:00 on December 25, 2014, in the facts charged, committed an indecent act by force against the victim E (the victim, 27 years of age) who was sitting and drinking in his/her table, and passed behind the table, while he/she was doing so, within Yongsan-gu Seoul, Yongsan-gu, Seoul.

2. Determination

A. The Defendant asserted that, at the time, he was seated in a passage-side table in a club mixed with people at the time, the Defendant only tightly assaulted the victim because the victim was tightly pushed down several times on the passage, and the Defendant did not intentionally interfere with the victim of an indecent act.

B. (1) The victim E’s investigative agency and this court have made statements as evidence that seem to correspond to the above facts charged.

The summary of the statement made by the victim is that the defendant is divided into 5 seconds or more with her her mared with his her mared with his mared with his mared with her mared with his mared with his mared with his mared with

(2) However, according to the statements made by the Defendant, victim E, witness G investigation agency, and this court, the passage of the table, which the Defendant was seated at the time, was mixed with people, and the victim, who was seated on the table, was on the table and on the table, on the one hand, viewed the opposite direction among the victims.

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