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(영문) 수원지방법원 2019.09.27 2018고정2050
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 July 1, 2018, the Defendant, at around 23:00, committed an indecent act by force against the victim D(here, 43 years of age) who intends to calculate at “C” at the main point of “C” located in Suwon-si B, Suwon-si, 2018.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. A protocol concerning the suspect examination of the accused;

1. Application of Acts and subordinate statutes to internal investigation reports (22 pages), investigation reports (200, 24 pages), voluntary written consent (27 pages), and details of receipts;

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime, the choice of fines;

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

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

1. The main sentence of Article 56 (1) of the Act on the Protection of Children and Juveniles against Sexual Abuse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (see, e.g., Article 334(1) of the Victim’s Investigation Agency and this Court’s statement in relation to the situation at the time of the indecent act’s injury is recognized as consistent and specific credibility because the statements are generally consistent and specific. In particular, considering the victim’s and the Defendant, E, and F’s statement, the Defendant and E, who was leaving the main entrance immediately after the instant case and getting out of the main entrance, and who was the victim’s behavior, immediately after the instant case, went away, and the victim’s act was committed by specifying the Defendant. However, if the victim did not express to G about the damage caused by indecent act and the raise of the Defendant, G appears to have no reason to act as such. Even if the police officer dispatched to the scene on the day of the instant case, it is evident that there was a trial expense between the victim’s act and the Defendant’s act of indecent act on the ground of the indecent act by force of the Defendant.

In the record, it is rare that a third party, other than the defendant, could have spread his her her mare.

On the other hand, H seems to avoid liability.

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