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(영문) 서울남부지방법원 2017.03.15 2016고정1832
강제추행
Text

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

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

Reasons

Punishment of the crime

On May 15, 2016, around 19:09, the Defendant, within the subway Station C (International Business District) located in Namdong-gu Incheon Metropolitan City, took an action to open up the bucket to the right side of the victim E (n, 20 years of age) within the Dong-gu, Incheon Metropolitan City (International Business District). On the same day, the Defendant took an action to open up the bucket to the right side of the victim, such as her buck back to the right side side of the victim. On the same day, around 19:20 on the same day, the electric buck was in the F G station located in Yeonsu-gu, Yeonsu-gu, Incheon, and committed an indecent act by force on the part of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, H and I;

1. Determination as to the assertion of the defendant and defense counsel in each police statement protocol against E, H and I

1. The gist of the assertion is that the Defendant did not have any physical contact with the victim, and even if there was a physical contact, the Defendant did not intentionally commit an indecent act as to whether he had a practical contact under the influence of alcohol.

2. We examine the judgment. The victim made a statement from the investigative agency to this court to the effect that the victim "the defendant was seated and her body was faced by the defendant, and then caused buckbucks by hand." The victim's statement is specific, consistent, and it does not appear that there are circumstances to suspect credibility.

In addition, the mother of the victim at the time when he was on board with the victim at the same time was also witnessing in this court that the defendant was present at the victim's bucks.

In the case of I who is a witness, he made a statement different from the victim and H in the location of the seat in the previous vehicle in this court, but considering the fact that the defendant testified that he had been present in the victim's buckbucks, he can recognize the fact that he committed an indecent act against the victim as stated in the judgment of the defendant, and the background of the prosecution.

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