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(영문) 서울북부지방법원 2015.05.21 2014고단4435
강제추행미수
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

At around 22:30 on September 2, 2014, the Defendant discovered the victim D (the 27 years of age) residing home, discovered the victim D (the 27 years of age), and attempted to expose the victim by exposing her sexual organ and forcing the victim to buy her arms. However, the Defendant failed to commit an attempted crime, even though she tried to keep the victim her mountain and resist by forcing her arms.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Statement made to D by the police;

1. The defendant and his defense counsel's assertion that there was no fact that the defendant had exposed to sexual organ, but did not want to use both arms, and even if the defendant had accessed the two arms up to 1m prior to the victim, it is difficult to view that there was the commencement of the commission of indecent act by compulsion. ① First, when the victim's statement in an investigative agency is made in comparison with the victim's statement in court, it is specific and consistent with the content of damage and the process against the defendant's response, and there is no circumstance that the victim's statement might be false, the defendant's statement may be acknowledged as credibility, and thus, the defendant and his defense counsel's assertion may not be accepted. ② In the event that the defendant's act of assault itself constitutes an indecent act, it is difficult to conclude that there was an attempted indecent act against the other party's will, regardless of the other party's intention to suppress the other party's act of assault, the defendant's and his defense counsel can be seen as having been committed against the other party's intent to commit indecent act.

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