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(영문) 수원지방법원 안산지원 2016.08.19 2016고단1637
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

Criminal facts

On September 12, 2015, around 02:20 on September 12, 2015, the Defendant discovered the Victim F (M, 19 years of age) in front of “E,” which does not have any way to satisfy in front of “E,” and led the Victim to “satisfying,” and wanting to drink. After the Victim, the Defendant Da Da Da am with the Victim’s own hand, and committed an indecent act by force against the Victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G, and H, and some legal statement of witness I;

1. A protocol concerning the examination of the accused by the prosecution (including the F part concerning the statement);

1. Each police statement made to G, I, and H;

1. Statement made by the police with regard to F;

1. A report on investigation;

1. The defendant and his defense counsel asserts that the defendant did not commit an indecent act against F as stated in his/her reasoning.

The following circumstances acknowledged by each of the above evidence, i.e., the victim F, consistently from the investigative agency to this court, committed an indecent act on himself by means of a ruling by the defendant.

(2) After the crime was committed in a consistent manner with the investigation agency to this court, as well as the victim’s personal activity G and H

G and the Defendant made a statement to the effect that at the time of the horse fighting of the victim, the Defendant was aware of the victim’s her butt.

(3) At the time of the commission of the crime, the Defendant appears to have not been in a situation where it is impossible to conduct the crime by the method of the judgment because it recognizes the fact that was within a distance of about one meter with the victim at the time of the commission of the crime. (4) The police public officialsJ sent out after receiving a report at the Si’s expense from the Defendant and G, said that the Defendant was her her tack from the damaged party at the scene

In full view of the fact that the defendant statements, the defendant can sufficiently recognize the fact that he / she has her butt her, so the defendant and his/her defense counsel's assertion is without merit.

1. Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning criminal facts as well as the choice of punishment;

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