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(영문) 서울중앙지방법원 2017.10.27 2017고단4401
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On May 5, 2017, at around 18:00, the Defendant committed an indecent act by force against the victim, on the left side of the victim C (V, 24 years of age) who sits in the right side of the Defendant within the electric dynamics facing the subway 5 lines of subway No. 172 in the luminous basin of Macheon-gu Seoul Jongno-gu.

Summary of Evidence

1. Each legal statement of the witness C and D;

1. Application of the police statement protocol law to C

1. Article 298 of the Criminal Act and the choice of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 16 (2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes Committed to Order;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant and his defense counsel's assertion that they were under the influence of alcohol, and they asserted that they were strokeed with a subway rail, and that they did not commit an indecent act against the victim.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by this Court, i.e., the victim had consistently committed an indecent act by the Defendant from the investigative agency to this court, as described in the facts charged.

The contents of the statement are specific, and it is difficult to find out the reason why the first victim of the defendant was aware of the defendant, because it is difficult to find out the reason why the victim was aware of the defendant, and ② was on the site of this case.

D In full view of the fact that the defendant made a statement consistent with the statements of the victim in this court, it can be sufficiently recognized that the defendant committed an indecent act by force against the victim.

B. There was a fact that the victim or D told that “the Defendant was under the influence of alcohol at the time of this court” and said Defendant “I am son, I am son.”

On the other hand, the victim and D did not snick the defendant.

The statement, D is that the defendant did not graduate at that time.

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