(영문) 서울동부지방법원 2019.06.13 2018고단4312

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(영문) 서울동부지방법원 2019.06.13 2018고단4312

강제추행

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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 26, 2018, around 22:30 on May 26, 2018, the Defendant walked along the way from the front of Gwangjin-gu Seoul Special Metropolitan City, to the right side of the victim C (n'e, 19 years old). The Defendant her hand-on the right tur of the victim.

Accordingly, the Defendant committed an indecent act on the part of the victim.

Summary of Evidence

1. C’s legal statement;

1. Statement to C by the police;

1. One set of cd (videos, such as pan-caters);

1. Notification of the result of psychological physiological examination;

1. Determination as to the assertion of the Defendant and the defense counsel by each internal investigation report (the No. 4, 5 of the evidence list of the prosecutor)

1. The Defendant did not commit an indecent act against the victim’s knife, knife, and turt.

2. In light of the following circumstances acknowledged by the evidence presented as evidence of guilt prior to the determination, the Defendant’s assertion of the Defendant and the defense counsel cannot be accepted, on the ground that: (a) sufficiently recognizes the fact that the Defendant committed an indecent act by force against the victim as stated in the facts constituting a crime; and (b) the evidence No. 1 (CCTV Video Appraisal) presented by the defense counsel alone does not interfere with the aforementioned recognition.

The victim, as stated in its reasoning from the investigative agency to this court, has consistently and clearly stated that he was subject to indecent act by the Defendant.

In addition to the fact that it is difficult to find a special motive or reason to gather the defendant because the victim, who first met the defendant on the day of the case, is at the risk of being punished for an accusation or perjury, tending false facts, and considering the content of the victim's statement and the attitude of the victim's statement in the court, the victim's statement is credibility.

B. According to CCTV video (Evidence No. 14 of the Evidence List) installed at the site of the instant case, the Defendant, when passing through the victim’s side, has come out to the victim’s her margin, and immediately thereafter, the victim refers to the Defendant, and the victim is working for the victim.

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