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(영문) 의정부지방법원 2016.07.01 2015고단2771
강제추행
Text

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

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

Reasons

Punishment of the crime

On March 3, 2015, the Defendant: (a) after drinking alcohol with the victim E (Woo 203, 21 years of age) who was in a flat hyp c; and (b) after drinking alcohol with the victim E (Woo 21 years of age) on March 3, 2015, the Defendant tried to place the victim on the part of the victim, who was placed on the bed at the bed at the bed at the bed at the bed; and (c) to place the victim into the bed by the bed of the victim; (d) however, the victim refused to do so by putting the victim’s hand on his own hand; and (e) putting the victim’s resistance to the bed in the bed by the victim’s bed; and (e) committing an indecent act as soon as possible by force the victim’s chest, following the victim’s chest and the victim’s bed in the bed by the victim’s bed.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Domestic investigation reports (cases concerning the specification of the place of forced indecent conduct), investigation reports (specific suspect identification), investigation reports (with respect to telephone conversations files of victims E and suspects A);

1. 각 사진 [ 피고인 및 변호인은, 피고인이 피해자의 가슴 부위를 만지고, 입으로 피해자의 목 부위를 빤 사실은 있으나 이에 대하여는 피해자의 동의가 있었고, 피고인이 피해자의 음부 부위를 만진 사실은 없었다고

The argument is asserted.

In light of the following circumstances acknowledged by the evidence of the judgment, i.e., ① the victim was committed an indecent act with the same criminal facts as the Defendant’s judgment from the investigative agency to this court, and the victim’s statement is relatively consistent and specific, and thus, its credibility can be acknowledged. ② The victim, at the time of committing the instant crime, entered the telecom with the Defendant at the time of the Defendant’s proposal.

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