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(영문) 서울남부지방법원 2017.12.15 2017고단3121
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

Criminal facts

The defendant had been receiving employment education from March 2017 with the victim B (n, 48 years of age).

On April 14, 2017, around 23:20 on April 14, 2017, at the Defendant’s house located in Yangcheon-gu Seoul apartment complex D, the Defendant committed an indecent act by force against the victim by cutting the victim’s left knee and enjoying the victim’s left knee, while drinking together with the victim. As can be seen above, the Defendant her left knee with the victim’s left kne and knife with the victim’s hand.

Summary of Evidence

1. Application of the Act on the Legal Statement of Witness B

1. Article 298 of the Criminal Act applicable to the crime, Article 298 of the Criminal Act, and the choice of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination on the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act, which costs of lawsuit

1. The gist of the assertion was that the Defendant was seated on his own floor to drink with the victim and knee, knee, knee, knee, and knee about 1 to 2 minutes. However, as knebbbs inside the victim’s left side, there is no fact that the Defendant was snicking or snicking the victim’s knee with the victim’s knee.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by this court, the victim’s statement is more reliable than the defendant’s statement. Thus, the victim’s indecent act is acknowledged as stated in the judgment of the court below.

A. Since the police, the victim consistently ended up to this Court, “The Defendant, who was seated at the floor of the Defendant’s house, fele, knee, knee, knee, knee, knee, knee, knee, knee, knee, knee, and kneed by hand.

Now is the defendant's refusal to do so, and the defendant puts abetting on his own side.

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