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(영문) 수원지방법원 안양지원 2017.02.03 2016고합177
강제추행치상
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On September 21, 2016, the Defendant: (a) 01:10 on September 21, 2016; (b) on the part of the victim D (the name of the victim); (c) on the part of the victim who was requested to return home, while drinking in the “E” week operated by the victim D (the name of the victim); and (d) on the part of the victim who was requested to return home, the Defendant left the part of the victim’s entrance to the shock continuously after being pushed the victim, and on the part of the shock; and (c) on the part of the shock, the Defendant “on the part of the victim’

For the same year, the victim's panty panty of the victim committed an indecent act by force against the victim by holding the victim's panty.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness D / The defendant's defense counsel was the body of the victim if the defendant tried to commit an indecent act against the victim, and the victim was assaulted at the initial police even according to the victim's statement.

In light of the fact that the defendant reported, the defendant only assaulted the victim at the victim's end, and the defendant's hand was in contact with the victim's panty.

Even if it is not an indecent act in the process of physical fighting, it is argued that it was not an indecent act.

However, the victim was sent to the police officer immediately after the occurrence of the case, and the defendant's sexual part of the victim's sexual part was only known by his hand.

Since then, the prosecution investigation and this court consistently stated that the defendant had a negative mind on the victim's panty.

The victim was clear of sexual assault in the police investigation.

The statement seems to be due to the fact that the defendant intentionally perceived that the victim had a negative mind.

At the time of the instant case, there is no physical fighting that makes it possible for the Defendant to keep the sound of the victim.

In light of these circumstances, the defendant can be found to have committed an indecent act against the victim as stated in its holding.

Application of Statutes

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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