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(영문) 서울동부지방법원 2019.02.15 2018고단3507
강제추행
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Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On May 27, 2018, at around 01:00, the Defendant discovered the victim D (tentative name, 25 years of age) who danced in Songpa-gu Seoul, Songpa-gu, Seoul, and sought access to the victim to look at the victim's hand and shoulder, but the victim attempted to inflict excessive access to the victim, despite having expressed his/her intent to refuse, such as avoiding the Defendant's hand or keeping the distance from other men who are fright to the victim by hiding the victim's hand, then approach the victim's back to the victim's back, thereby leading the victim to bring the victim's hand into the victim's arms and fright, and committing an indecent act by force, such as taking the victim's hand.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of the Acts and subordinate statutes on witness D and E's respective legal statements;

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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;

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 334(1) of the Criminal Procedure Act asserts that the defendant and his defense counsel did not commit an indecent act against the victim as stated in the facts constituting a crime in the judgment of the defendant.

However, each of the above evidence, including the victim's investigation agency and consistent statement in this court, to the effect that the victim believed that the victim had dancing and brought about the victim's kn's own kn's own kn's own kn's own kn's own kn's own kn's own kn's own kn's kn's own kn's own kn's own kn's own kn's own kn's own kn's own kn's own k

or the victim is a criminal who commits an indecent act.

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