(영문) 서울남부지방법원 2017.10.11 2017고단1843

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2017.10.11 2017고단1843

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 January 16, 2017, around 18:00, the Defendant discovered the victim C (45 tax) (45 tax) who was diving with the body body in a water tank inside the Geumcheon-gu Seoul Metropolitan Government DB Dong E on a water surface and was locked back to the right side of the victim.

In addition, the defendant was faced by the victim's hand, the victim was shouldered by the human body, the defendant was faced with the victim's sexual organ by his own hand, and the victim was shouldered with the victim's finger, and the victim was frightd with the defendant's hand, and the defendant was frighter, the defendant was frightd with the victim's hand.

However, the defendant has re-entry the area of the victim into the area of the victim, and is in the side of the victim, and he has left the area of the person who has left the area of the victim, and then the victim's sexual organ was spreaded by the victim's own and another hand.

Accordingly, the defendant committed an indecent act against the victim.

Summary of Evidence

1. The legal statement of the witness C;

1. Statement made by the police against C;

1. A report on the occurrence of a crime;

1. On the spot, the suspect's photograph (the defendant and the defense counsel only have been enjoying by the victim's side, and there is no indecent act by force against the victim.

On the other hand, the victim was forced to commit an indecent act by the defendant as stated in the facts charged from the investigative agency to this court.

The statements have been made in a relatively consistent manner with the circumstances leading up to the two times of the prosecution and the circumstances leading up to the defendant's resistance and reporting to the police, and there is no special circumstance to suspect the credibility of the statements.

Therefore, according to each evidence of the judgment, since the defendant can be found to have committed an indecent act as stated in the crime, the defendant's and his defense counsel's assertion is not accepted.

1. Article 298 of the Criminal Act applicable to the facts constituting an offense and Article 298 of the Selection of Punishment Act;

1. Articles 70(1) and 69 of the Criminal Act to attract a workhouse.

참조조문

-형법 제69조

-형법 제70조 제1항

-형법 제298조

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