(영문) 서울서부지방법원 2015.10.29 2015고단302

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(영문) 서울서부지방법원 2015.10.29 2015고단302

강제추행

Text

Defendant shall be punished by a fine of three million won.

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

Reasons

Punishment of the crime

On June 24, 2014, at least 21:00, the Defendant committed an indecent act by force against the victim, on the front side of the “G restaurant” in the F located in Yongsan-gu Seoul, Yongsan-gu, Seoul, by having been aware of the activities of the Marton club, with the victim H (n, 49 years of age)’s back to the left shoulder, and on his own hand, with the victim’s left chest turn on once.

Summary of Evidence

1. Legal statement of the witness H;

1. The witness I asserts that part of the witness I’s legal statement [the defendant is the victim who is well aware of the fact that he is prone to the left shoulder, and that he was not able to injure the victim or commit an indecent act against the chest. However, the victim made a concrete and consistent statement at the investigative agency and the court. The victim made a statement about the damage in question with the other friendly persons, and the victim did not have a close relation with the defendant, such as the defendant's name and her failure to know the fact that he met with other friendly persons through the Eraton club. The victim stated that he did not have a close relation with the defendant. The victim immediately after the indecent act was committed, she got back to another friendly place. The victim expressed the vehicle traffic on the scene of the case, and other friendly persons did not know that the victim was a victim and the defendant did not have a duty to move to the victim immediately after the occurrence of the case, and the victim stated that he did not have a different relation with the defendant's statement from the investigation agency to the effect that he made a witness's statement.

In full view of the above, the victim’s statement is more reliable than the defendant’s statement, and it is sufficient to find the defendant guilty of the crime of this case).

1. Article 298 of the Criminal Act applicable to the crimes;

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

참조조문

-형법 제70조

-형법 제298조

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