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(영문) 서울남부지방법원 2017.11.17 2017고단1104
강제추행
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On December 6, 2016, at around 00:05, the Defendant committed an indecent act in a way that the victim D (a son, son, son, 26 years of age) who had been in front of the gate, with his front of the Gangseo-gu Seoul Metropolitan Government C toilet located in Gangseo-gu, Seoul, brought about a sudden loss on the part of the gate.

Summary of Evidence

1. Each legal statement of witness D, E, and F;

1. CCTV images;

1. Application of the statutes of this Court on the inspection protocol;

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. 주장의 요지 피고인은 맥주 박스를 피해서 피해자 쪽으로 지나가려 하였는데 술에 취해 균형을 잡지 못하고 휘청 하면서 피고인의 우측 손등으로 피해자의 하체 부분을 가볍게 툭 치면서 스치게 되었을 뿐이므로 피고인에게 추행의 고의가 없다.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the Defendant committed an indecent act by intentionally committing an indecent act by the victim’s her son, etc., not intentionally in contact the part of the victim’s body but in contact with the victim’s her son and her son, etc. on the part of the victim.

A. On December 6, 2016, around 00:05 on December 6, 2016, the victim was waiting for a guest who drinks E, F, and alcoholic beverage in Gangseo-gu Seoul Metropolitan Government B in Gangseo-gu to live, and the victim was driving the body from his table side to friendly F.

At that time, the defendant passed behind the victim, etc., and the victim's her arm's length extending out to the victim, etc., and the victim's her son, etc. was her part.

B. The victim immediately after the defendant gets her son, etc. and her son, etc. her son, etc.

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