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(영문) 수원지방법원 성남지원 2018.09.21 2018고정193
강제추행등
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

After having become aware of the victim D (n, 29 years old) in B C, the Defendant contacted the victim to E, and around 04:00 on August 6, 2017, the Defendant was assaulted by the victim to the male-child group. Accordingly, the Defendant was called from the victim to the male-child group on August 6, 2017, and became the victim first became the victim in the vicinity of the number of statements located in 491, as in the male-gu, Sungnam-gu.

1. At around 04:50 on the same day, the Defendant forcedly committed an indecent act on the part of the victim by scambling his desire with the victim who was seated in a scam in the F hotel G room in Sungnam-gu, Sungnam-si, and committing an indecent act on the part of the victim by scambling him.

2. The injured Defendant, at the time, at the time, and at the place as described in paragraph 1 above, expressed the victim’s kis as seen above, and brought about the victim’s face with the tobacco that the victim had kisced with the victim while making a verbal dispute with the victim, and put about two weeks of treatment on the right side of the victim, which requires approximately two weeks of treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. On-site and victim photographs;

1. The defendant and his/her defense counsel asserted that the defendant's medical certificate [it is true that he/she would suffer a victim at the time when he/she committed an indecent act, but it is difficult to regard it as an indecent act, there is no intention to commit an indecent act against the defendant, and the defendant committed an indecent act against the defendant, and the defendant committed an indecent act against the victim, and that the victim suffered a bodily injury on the day of cigaretteing, etc.

However, in light of the following circumstances acknowledged by evidence duly adopted and examined by this court, namely, ① the statement of the victim witness D is considerably specific and consistent in important parts, ② the victim appears to have been extremely difficult at the time, and the situation at the time of the victim, such as the victim appears to have been unable to escape from mental pain, and the attitude at the conference, etc., the defendant’s act is the victim’s intent.

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