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(영문) 서울동부지방법원 2019.01.25 2018고단2314
강제추행
Text

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

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

Reasons

Punishment of the crime

On March 24, 2018, around 19:50 on March 24, 2018, the Defendant partially revised the facts charged to the extent that it could not interfere with the guarantee of the Defendant’s right to defense of the first floor public toilet in Gangdong-gu

In the course of coming urine, the victim C (Nam, 34 years of age) forced the victim to commit an indecent act by inducing the victim to move back to the toilet without proper location, making the victim's ear, making the victim's ear cannot be known, and the victim forced the victim to commit an indecent act by force, such as dumping the victim's upper part of the defect by spreading the defendant's arms to the degree of tear.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each investigation report (No. 6,7) and defense counsel asserted that "the defendant had a victim with the victim as his own math in the course of coming from the toilets of this case, caused the victim's math, and caused the victim's arms several times while leaving the victim. The victim again put the victim again in the process of preventing the defect of the defendant who intends to go through the toilet in the course of making the victim's own report, and there was no fact that the victim committed an indecent act by force, such as the facts stated in the judgment."

However, in full view of the above evidence, it can be sufficiently recognized that the defendant, as stated in the facts of the crime in the judgment, brought the victim back to his own back from the toilet of this case, and told the victim that he could not know about the victim's return, and that the victim strongly raised the defendant's arms even if the defendant's sale was invaded.

The victim has consistently stated in an investigative agency about the form and method of indecent act, and the situation before and after indecent act. Thus, it is difficult to find out any circumstances to reject the credibility of the victim's statement.

The defendant;

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