Text
Defendant
A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 5,000,000.
The Defendants respectively.
Reasons
Criminal facts
1. 피고인 B의 강제추행 피고인은 2014. 12. 12. 00:40경 안산시 상록구 D, 지하 1층 'E' 라이브 카페 내에서 술을 마시고 놀고 있던 중, 스테이지에서 노래를 부르고 있던 옆 테이블 일행인 피해자 F(여, 43세)을 보고는 강제추행하기로 마음먹고, 스테이지로 올라가 갑자기 피해자의 손을 잡아 입을 맞추고 이에 피해자가 뿌리치자 다시 허리를 껴안고 허리살을 만지는 등 추행하고, 이후 다시 노래를 부르는 피해자의 뒤로 다가가 갑자기 피해자를 껴안는 시늉을 하는 등으로 추행하였다.
2. Defendant B’s joint criminal conduct is a sexual indecent act if Defendant B’s male-friendly sexual intercourse victim G with Defendant B’s indecent act at the time and place specified in paragraph 1, and Defendant B’s indecent act is a sexual indecent act if the victim F’s male-friendly sexual intercourse victim G was called. The victim’s sexual indecent act was described to the effect that “the indecent act was committed by this scambling,” and “the victim’s face was taken in drinking.” Defendant B, the Defendant B’s criminal conduct, was scambling the victim, and the victim was knicked so that the victim could not oppose Defendant B’s assault.
As a result, the Defendants jointly put up on the part of the victim about three weeks of treatment.
Summary of Evidence
1. The Defendants’ respective legal statements and their defense counsel asserted that Defendant A only saw G to fight between Defendant B and G, and there was no fact in leaving G, and Defendant B did not commit indecent act by compulsion as stated in paragraph (1) of the facts charged.
The following circumstances acknowledged by the following evidence, i.e., ① the victim F statements consistently from the investigative agency to this court that Defendant B committed an indecent act on himself as stated in the facts constituting the crime as set forth in paragraph 1 of the judgment by Defendant B, ② the victim G investigative agency to this court, and the Defendant A unilaterally assaults himself.