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(영문) 서울중앙지방법원 2015.12.18 2015고단5040
강제추행
Text

The defendant shall be innocent.

Reasons

1. Summary of the facts charged

A. On March 2, 2015, from around 11:30 to 13:00, the Defendant committed an indecent act by force on the part of the victim E (the 19 years old), who is an employee of the Defendant’s operation in the “D” coffee shop in Seoul Jung-gu, Seoul, on the part of the victim E (the 19 years old).

B. On March 3, 2015, between around 11:30 and around 13:00, the Defendant: (a) committed an indecent act by force against the victim E, who made a beverage at the above place; (b) on the top of the victim’s own hand, the victim’s tam was tamped twice; and (c) committed an indecent act by force against the victim.

C. On March 30, 2015, around 11:37, 2015, the Defendant: (a) committed an indecent act by force against the victim E, who made and taken a beverage at the above place; (b) deemed that the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son was cut off twice, and her son’s son’s son’s son’s son’

2. Determination

A. The evidence, as shown in the facts charged, has the victim E’s statements in this law and the police, and the victim’s statements.

B. The victim’s statement is generally consistent with the physical contact as stated in the facts charged, and is specific. However, in light of the following circumstances that can be seen by the court through the evidence lawfully examined and adopted, it is difficult to believe the whole statement as it is. Even if the defendant ran the victim's her her m, in light of the relationship with the defendant and the victim, the circumstances leading to such act, and the structure of the coffee shop in the operation of the defendant, etc., it is difficult to view it as merely an act of making the victim feel the victim objectively, and it is difficult to evaluate it as an act contrary to good sexual morality, or an act contrary to the victim’s freedom of sexual self-determination.

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