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Reasons
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(영문) 울산지방법원 2021.01.21 2019고단5231
강제추행
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Defendant shall be punished by a fine of KRW 80,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On August 19, 2019, the Defendant committed an indecent act against the victim’s will by force against the victim’s will, on a hand or by day, her turb, which is located in a toilet located in Ulsan-gu B, Ulsan-gu, U.S., and is working in the front of other turb B in front of the other turb.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of D;

1. Statement made by the police with respect to D;

1. The application of Acts and subordinate statutes to viewing CCTV reproduction CDs as a result of viewing;

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. The defendant and his/her defense counsel's assertion on the claim of the defendant and his/her defense counsel under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order, arguing that the defendant, at the time and place of crime, only runs away from the victim bend for the purpose of toileting, and has an unexpected physical contact with him/her. However, the defendant did not commit an indecent act against the victim as stated in the facts constituting the crime.

The victim consistently stated from the police to this court that “the victim was well aware of the victim’s arm’s body at the time and passed by the Defendant.” The Defendant received her her block and her block with his her son and her block.”

According to the result of the reproduction of CCTV CDs, it is recognized that the Defendant only passed by the victim while he was in a toilet via a restaurant corridor, and that the Defendant changed the Defendant at the same time as the Defendant passed, by checking the victim's play. Such facts support the credibility of the victim's above statement, and the facts charged in the instant case against the Defendant can be found guilty.

The reason for sentencing is that the defendant's indecent act against the victim is relatively low.

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