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(영문) 서울동부지방법원 2019.05.02 2018고단3763
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who operates main points in Seongdong-gu Seoul Metropolitan Government, and the victim C (the family name, the 21-year age) is a person who has been a customer.

On October 9, 2018, the Defendant: (a) around 06:15 on October 9, 2018, around the kitchen of the first floor; (b) the victim, who had drinking alcohol on the second floor, rapidly changed and promoted the inside line that was ordered by the victim; and (c) the victim’s blurg was hicked with his hand; (d) the victim’s blurg and turt were flurd with his hand in order to go up to the second floor.

Accordingly, the defendant forcedly committed an indecent act against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness C;

1. Statement made by witnesses D in the second protocol of the trial;

1. Each police officer's statement about D or C;

1. Determination as to the defendant and his/her defense counsel's assertion on the preparation of a voice recording file CD or a record book

1. The defendant's grandchildren contact the victim's body and the defendant did not commit an indecent act on the victim's body in the course of inducing the victim under the influence of alcohol.

2. In light of the following circumstances acknowledged by the evidence presented as evidence of guilt prior to the determination, the Defendant’s assertion of the Defendant and the defense counsel cannot be accepted, since it is sufficiently recognized that the Defendant committed an indecent act against the victim as stated in the facts constituting a crime.

The victim made a consistent statement from the investigative agency to the court on the background of the occurrence of the damage, the statement that the defendant had inflicted on the victim at the time, and the response of the victim.

In addition to the fact that it is difficult to find a special motive or reason for the victim to gather the defendant because the victim assumes the risk of being punished for a false accusation or perjury, and assumes false facts, the victim's statement has credibility.

(b).

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