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(영문) 창원지방법원 통영지원 2014.12.19 2014고정186
준강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 18, 2013, around 04:55, the Defendant found the Victim F (n, 27 years of age) who was locked under the influence of alcohol from E 703 in Yangsan-si D on October 18, 2013. The Defendant committed an indecent act on the Victim’s body by taking advantage of the state of difficulty to resist by taking advantage of the victim’s hand.

Summary of Evidence

1. Each testimony of witness F, G and H;

1. The written statement (which is recognized as being made under particularly reliable circumstances in the objective and external circumstances at the time of the preparation of the investigation record) [Recognition of admissibility of evidence] (The defendant and his defense counsel denies the indecent act. However, it was hard to view that the defendant had credibility in the witness’s statement to the effect that “after that, after that, the defendant first was able to do so, he was forced to have been frighten down on the lower half of the victim’s lower half, and that this was continuously shaken, and that the defendant was able to engage in sexual behavior. After that, the defendant again was unable to take on the part of the defendant, and that the statement of the defendant B was made out of the room, and that the defendant was unable to take on the part of the defendant, and that it was hard to view that the defendant continued to commit an indecent act other than that of the witness without any reasonable doubt because he could have committed an indecent act beyond the scope of the law after being able to do so.

1. Article 299 of the Criminal Act and Articles 299 and 298 of the Criminal Act concerning the crime, the choice of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The punishment, etc. of sexual crimes committed against him/her;

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