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(영문) 광주지방법원 2016.04.27 2015고단4632
강제추행
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

The Defendant, from May 11, 2015 to 23:30, from around 22:30 to around 23:30, the 1st table located in the E main store located in Gwangju Northern-gu, held on the side of the victim F (the 22 years of age), and drinks alcohol into the victim’s half selling retail, put the knife into the victim’s knife, added the knife below the part, and made the victim’s knife with the knife’s knife and part inside the knifebbbbbbbb, and knife with the back part of the victim’s knife and knife three times.

Summary of Evidence

1. Each legal statement of the victim and G;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Determination of the defendant and defense counsel's assertion in the statement of the police statement against the victim

1. The Defendant and his defense counsel asserted that the Defendant and the Defendant met each other’s arms and bucks around Hubucks while talking about the victim’s sexual humiliations, she did not commit any indecent act that could cause sexual humiliation. However, the Defendant did not have committed any indecent act by the victim, and the victim’s statement is not credibility in light of the date and time of the crime, the place of seat, and the circumstances before and after the crime.

2. Determination

A. In an indecent act means an act that objectively causes a sense of sexual humiliation or aversion to the general public and is contrary to good sexual morality, and thus, it constitutes an infringement on the victim’s sexual freedom. Whether it constitutes such an act shall be determined carefully by comprehensively taking into account the victim’s intent, gender, age, relationship before the perpetrator and the victim, circumstances leading to the act, specific manner leading to the act, objective situation surrounding the act, and the sexual morality concept of the age (see Supreme Court Decision 2001Do2417, Apr. 26, 2002, etc.). The victim’s statement is consistent and consistent with the facts charged.

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