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(영문) 의정부지방법원 고양지원 2014.05.02 2013고단2036
강제추행
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, around 02:00 on June 29, 2013, committed an indecent act by force against the victim E (the victim, 26 years of age) against the victim’s will, while making conversations with the victim E (the victim, E, 26 years of age) in Goyang-gu, Goyang-gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by witnesses E in the second protocol of the trial;

1. Statement of E;

1. Application of the Acts and subordinate statutes governing sound recording files CDs;

1. Relevant Article of the Criminal Act, Article 298 of the Criminal Act, the choice of a fine (the degree of indecent conduct committed by the accused and the fact that the accused has no criminal records of the same kind);

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

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. 주장 피고인은 피해자와 2012. 4.경부터 2012. 9.경까지 사귈 때 술을 마시다 모텔로 가 성관계를 하곤 하여 이 사건 당일에도 성관계를 기대하였고, 피해자가 성적 접촉을 묵인한 것과 같은 행동을 하여 이 사건 공소사실과 같은 행위를 하였던 것이므로 강제추행의 범의가 없었다고 주장한다.

2. According to the evidence before the judgment, the defendant last met with the victim on September 2012 and sent out without any specific contact until June 28, 2013, which was the day before the crime of this case, the day before the crime of this case was committed, and the victim met with the victim and returned to the defendant without the victim's speech, and returned to the defendant's house without the victim's speech to prevent the defect that the defendant would get back to the house, the victim would not contact the defendant again by drinking in the house, and he would not look back to the house. The victim called the defendant again by drinking in the house. The victim confirmed that the defendant was her fluencing with the victim while drinking the alcohol, and that the victim was her fluencing with her, and entered the teleel, and she was flucing into the teleel.

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