(영문) 인천지방법원 2019.01.18 2017고정2865

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(영문) 인천지방법원 2019.01.18 2017고정2865

강제추행

Text

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

The defendant is a superior in the workplace of the victim B (n, 24 years of age) who is in the relationship of the occupation and the subordinate staff.

On April 22, 2017, between 02:00 and 03:00 on the same day, the Defendant committed an indecent act in front of the first floor of the D cafeteria located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, in order to have the victim face with the victim's face taken by two descendants and forced him/her to dance with the victim's face taken by force.

Summary of Evidence

1. Each legal statement of witness B, E, and F;

1. Partial statement of witness G;

1. Each police statement of B and E;

1. The defendant and the defense counsel asserts that there is no fact that the defendant committed an indecent act against the victim, such as investigation report (H message sent to the victim by the suspect) and investigation report (the H message sent to the victim E by the witness) and the victim.

However, according to the evidence duly adopted and examined by this court, the victim's statements in investigation agencies and this court can be reliable, and according to the victim's statements, the defendant's indecent act can be fully acknowledged.

(1) The statements made by an investigative agency and this court of a victim shall be consistent specifically and comprehensively with each other.

② According to the E’s statements at the investigation agency or F’s statements at the time of the occurrence of the instant case, the victim, after the occurrence of the instant case, committed a hidden act, such as hiding E or F, and immediately following the occurrence of the instant case, knew of the Defendant’s indecent act at the workplace.

3. G states in this Court that the defendant was not an opportunity or situation to fit himself/herself to the victim, and that all E, G, and F present as a witness in this Court did not seem to have the right to fit himself/herself to the victim.

However, even if according to the statement of the victim, the defendant who was living far away from the victim's own, has dancing his own self, and immediately belongs to the settlement unit, so the defendant is the victim.

유사 판례

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-의정부지방법원 2014.04.07 2013고정1273

-서울중앙지방법원 2018.07.27 2018노415