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(영문) 인천지방법원 부천지원 2018.03.28 2017고단2684
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

Punishment of the crime

On May 5, 2017, the Defendant committed an indecent act by force against the victim, such as: (a) the victim E (23 years, women) (hereinafter “E”) who is a part-time student at the entrance of the main shop D branch of the C-Sacheon-si Office C building on May 22:20, 2017; (b) the victim E (23 years, women) was at the order of the victim; and (c) the victim was at the bar of the victim’s entry.

[Defendant and defense counsel asserts that there is no fact that the defendant did not have a sense of the victim's tolerance at the time and place stated in the facts charged, and that there is no fact that the defendant tried to dance with the victim's admission.

However, in full view of the following circumstances acknowledged by the evidence duly adopted and examined by this court, the defendant can sufficiently recognize the fact that the defendant committed an indecent act against the victim as stated in its reasoning.

The defendant and defense counsel are without merit.

(1) On-site CCTV images include the face of a defective victim in which the defendant intends to keep his/her / her hosium, and the defendant intends to have his/her face covered by the victim's face and to have his/her hosium taken by the victim.

2. The victim appeared as a witness in this Court and took an oath, and was not taken CCTV in the net simple strawing of the door, but the Defendant was also aware of the victim’s humbrance outside the door.

was stated.

From the date of the instant case to the date of this Court, the victim consistently stated that, as seen above, other indecent acts were detected in CCTV; and (i) the victim made a false statement by tending any additional indecent act that did not have to be punished for the crime of false accusation and perjury; and (ii) the victim took the risk of punishment for perjury.

shall not be deemed to exist.

When the victim testified, the victim has left the mind of the destruction, fear, and blag at the time. In light of the attitude of legal statements, the victim's statement of damage is sufficiently believed.

(3) A witness F returned to the scene immediately after the occurrence of the incident after hearing the fact of damage from the injured party.

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