logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2019.11.21 2019고단86
강제추행
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 31, 2018, at around 00:0, the Defendant committed an indecent act by force on the part of the victim D (e.g., 43 years of age) and tobacco with the victim’s own hand while smoking, with the victim’s bucks and drinkings.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. Determination as to the CD Defendant and defense counsel’s assertion

1. The summary of the argument was that the victim was sucked at the time, but the victim’s bucks and rhums were not able to write down the victim’s bucks, and the Defendant had no intention to commit an indecent act.

2. In light of the following circumstances acknowledged by the evidence admitted as evidence of guilt prior to the determination, the Defendant’s assertion of the Defendant and the defense counsel is not acceptable, since it is sufficiently recognized that the Defendant forced the victim to commit an indecent act as stated in its reasoning.

The victim had consistently and clearly stated that he was forced to commit an indecent act by the Defendant from the investigative agency to this court.

In addition to the fact that it is difficult to find a special motive or reason for the victim to gather the defendant by observing the risk of punishment for perjury, etc., and considering the victim's statement contents and the attitude of the victim's statement in court, the victim's statement has credibility.

On the other hand, there are some differences in the victim's investigative agencies and legal statements concerning whether the defendant was seated next to the victim when the victim's bucks, etc. met, whether or not the victim was involved, and whether the defendant met the victim's bucks, etc. several times, but the victim's legal statements are somewhat different. However, the victim's legal statements are the case.

arrow