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(영문) 서울동부지방법원 2019.02.26 2018고단3810
강제추행
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person working as the general manager of the C Institute affiliated with “B” and the victim D (V, 45 years old) and the victim E (V, 33 years old) are employees of the said C Institute.

Around 23:00 on December 29, 2017, the Defendant: (a) was in singing rooms with the employees of the said private teaching institute in which it is impossible to know the trade name in Songpa-gu Seoul, Songpa-gu, Seoul; (b) the Defendant immediately behind the victim D, who singing in singing, took one hand on the victim’s own shoulder; and (c) sing the victim’s body so that the victim’s sexual intercourses with the victim’s sexual intercourses; and (d) the Defendant continued to sing out the victim’s shoulder by hand on the part of the victim’s sexual intercourses.

Accordingly, the defendant forced victims to commit indecent acts.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and D;

1. Each investigation report (No. 13, 17 No.);

1. Notification of the result of handling reported cases;

1. Each criminal defendant and his defense counsel acknowledged the possibility of the victim's physical contact at the singing room at the time of the case, but asserts that there is no forced indecent act against the victims as stated in the facts of crime in the judgment.

However, in full view of each of the above evidence, it can be acknowledged that the following behind the victim D, who singing in the singing room, as described in the facts of the crime in the judgment of the defendant, took the victim's hand on one part, and pushed the victim's body in order to contact the victim's sexual character, and that the victim E who sing in the singing after which singing in the singing room should not sing the victim's shoulder with one hand.

The victims are specifically and consistently stated in investigation agencies and this court about the forms and methods of indecent acts against the victims, the situation before and after indecent acts, etc., and the victims' investigative agencies and their statements in this court.

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