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(영문) 인천지방법원 부천지원 2021.01.20 2020고단741
강제추행
Text

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

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

Reasons

Punishment of the crime

On October 19, 2019, around 02:40 on October 19, 2019, the Defendant discovered the form that the victim D (25 years old) was in the 3rd underground floor of Geumcheon-gu Seoul Metropolitan Government, and tried to commit an indecent act against the victim.

The defendant, who is next to the victim, covered by the victim's sexual organ by his hand, committed an indecent act by force on the victim's sexual organ by deceiving the victim's sexual organ.

Summary of Evidence

Witness

D Legal Statements

1. 112 Application of Acts and subordinate statutes concerning reported data;

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of an alternative fine for punishment;

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. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order provides that the defendant and his defense counsel did not commit an indecent act, such as inducing the victim's sexual organ by side of the victim.

However, the following circumstances acknowledged by the evidence duly adopted and examined by the court were: (a) the victim visited the instant friendship with her natives, and was found to have taken the body as a case at the body room; (b) however, the Defendant 1 was suffering from the Defendant’s sexual organ at the right place by looking at the said flood; and (c) the Defendant was suffering from the victim’s sexual organ.

The defendant, who was unable to open clothes in the way that he wanted to escape, talked on a knife, and reported to the police by 'the investigative agency to the effect that 'the defendant is consistently asserted from the investigative agency to the present court'. The specific description of the place of crime, location of the defendant and the victim, the contact point and manner, the damage appraisal, and the situation before and after the crime is described. The victim's statement is specific and consistent to the extent that it is difficult to reconstruct without actual experience, and there is no particular motive or circumstance to make a false statement even when the victim is present at the investigation agency and the court.

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