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(영문) 서울남부지방법원 2017.11.28 2017고단3181
강제추행
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On June 4, 2017, around 03:20 on June 4, 2017, the Defendant committed an indecent act by force against the victim by putting the victim D (n, 25 years of age) at the top of the first floor underground located in Gwanak-gu, Seoul Special Metropolitan City, by knbing the victim D (n, n, and 25 years of age) at his/her hand.

Summary of Evidence

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. Written statements prepared in D;

1. The defendant asserts that CCTV images at the scene of crime [the defendant did not follow the records in his judgment.]

그러나 이 법원이 적법하게 채택하여 조사한 증거들에 의하여 인정되는 다음과 같은 사정들, 즉 ① 피해자는 경찰 이래로 이 법정에 이르기까지 “ 판시 주점의 춤추는 곳에서 춤을 추다가 잠시 친구와 귓속말을 하던 중 갑자기 누군가가 뒤에서 자신의 엉덩이를 손으로 움켜쥐어서 돌아보니 피고인이 있었다.

Defendant’s immediately “Isson?”

“..............”

(2) According to CCTV images, the victim’s statement was found to have been well grounded on the Defendant without raising any particular objection, and the Defendant continued to have been aware of the defect of the resistance. This appears to be the Defendant’s intention to go against the victim, and the Defendant requested the victim to agree by telephone to the effect that “If the victim was exposed to drinking and a fine is high and punished simultaneously, it is difficult to do so.” In full view of the following, the victim’s statement is more reliable than the Defendant’s statement.

Therefore, it is recognized that the defendant committed an indecent act against the victim as stated in the judgment of the court).

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

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

1. Punishment, etc. of sexual crimes committed against him/her;

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