(영문) 서울남부지방법원 2017.11.29 2016고단1833

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(영문) 서울남부지방법원 2017.11.29 2016고단1833

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 April 27, 2016, at around 00:45, the Defendant, while under the influence of alcohol, committed an indecent act by force against the victim E (hereinafter “D”), who was passing the central passage at “D” located in Yeongdeungpo-gu Seoul Metropolitan Government on April 27, 2016, with her own hand without any justifiable reason, and with her left mare as if the victim’s left mare knick.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Determination as to the assertion by the defendant and his/her defense counsel regarding the statement of 112 reported case processing

1. The Defendant and his defense counsel’s assertion that the Defendant her her son was placed before the Defendant and his defense counsel did not commit an indecent act only once the victim’s her son and her son, but did not have any intention to commit an indecent act. There is no fact that the victim’s son and her son was flick.

2. The victim E stated in this court that “the Defendant her her mar with the victim’s her mar, added his mar in one time, her mar in one part, and her mar in one part, and her mar in one part,” and the victim’s mar F subsequently stated in this court that “the victim’s mar was her son by inserting his mar with the victim’s mar, and the victim’s mar was her son, and the victim’s mar was her mar with the victim’s mar with the victim’s mar,” and these stated to the same effect in each written statement prepared on the day of this case and submitted to the police. There is no circumstance to suspect

In addition, the circumstances after the occurrence of the case are supported by the facts charged, such as the fact that the victim and F immediately made a claim against the defendant, the fact that the victim and the other behaviors reported 112, and the fact that the 112 declaration corresponds to the statements of the victim and F.

After all, according to each evidence of the judgment, the defendant and his defense counsel's assertion is not acceptable, since the defendant can be found to have committed an indecent act against the victim as stated in the judgment.

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

유사 판례

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