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(영문) 서울동부지방법원 2016.12.02 2016고단2756
강제추행등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. The date and time of the crime recorded in the indictment around August 2, 2016 is indicated as “19:40 square meters.” However, in full view of the video images of CCTV storage and the content of G message submitted by the Defendant, the instant crime was committed at around 19:44. In light of the process of the instant trial, etc., even if the date and time of the crime are separately recognized, it cannot be deemed that the Defendant would substantially obstruct the Defendant’s exercise of his/her right to defense. Thus, the date and time of the crime are recognized differently ex officio.

In the vicinity of subway No. 2, subway E Line 3 in Gangdong-gu Seoul Metropolitan Government, the victim F (name, leisure, 30 years of age) who gets on the egora, which is set up in the vicinity of the entrance, and suffered a short mar in the front of the defendant, committed an indecent act by force by force.

2. The Defendant, after getting off from the above escalator at the time and place of the assault set forth in the preceding paragraph, was in line with the above victim’s breath of breath, who was in line with the breath of falth, fald the part of the victim’s balth of balth and balth of balth, who was in line with the victim’s balth of balth, and

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning F;

1. Photographss of parts of the victim's body and the victim's photograph;

1. CCTV 영상 저장 CD 피고인 및 변호인은 이 사건 당시 피고인이 친구의 G 메시지에 답변을 하려다 몸의 중심을 잃어 실수로 스마트폰을 쥔 손이 피해자의 엉덩이에 닿은 것에 불과할 뿐, 추행의 고의로 피해자의 엉덩이를 만진 것은 아니라고 주장한다.

The following circumstances revealed by the records of this case, including the above evidence, i.e., ① the victim returned to the defendant, seeing that the defendant was sleeping to the right her, and stated that the victim was sleeping to the water, ② the appearance of other passengers before and after CCTV images, even if they were expressed in the Ethical 3 times.

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