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(영문) 대전지방법원 2019.02.19 2018고정863
강제추행
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 7, 2018, at around 01:0, the Defendant committed an indecent act by force against the victim by reporting the victim D (one person) coming from the heading in the middle part of the Seo-gu, Seo-gu, Daejeon, and the second floor C mobile toilets, and by driving the victim's hump with his own hand.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness D and the legal statement of witness E in part;

1. E’s written statement (the victim’s statement is consistent, specific, and different from the victim’s statement in this court, and the victim’s attitude at this court, E at the same time was recognized credibility in light of the fact that the victim was subject to death immediately even though there was no request from the victim when the victim was in contact with the victim’s body at the time. The Defendant asserted to the effect that “the victim did not have the victim’s sexual indecent act because he did not have any criminal intent to commit a sexual indecent act because he was focused on the victim’s body while he was only aware of the fact that the act was committed with the victim even if it was recognized,” but the Defendant did not have the victim’s hys portion of the victim’s hys in the process of exceeding the victim’s hys, and it cannot be deemed that the victim’s hysium was the victim’s hys, and considering the content of the indecent act, degree of sexual humiliation, etc., the Defendant’s intent can be fully recognized).

1. Relevant Articles of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The main sentence of Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed;

1. Article 47(1) and Article 49(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Exempted from an order to disclose, notify, or restrict employment; the proviso to Article 49(1) and the proviso to Article 50(1) of the Act on the Protection of Children and Juveniles against Sexual Abuse; and the protection of children and juveniles against sexual abuse

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