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(영문) 수원지방법원 성남지원 2018.03.06 2017고단369
강제추행
Text

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

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

Reasons

Punishment of the crime

The defendant is a workplace company of the victim B (n, 19 years of age).

The Defendant, from August 4, 2016 to August 18, 2016, from a 'D' restaurant in Sungnam-si A’ to a 'D' restaurant in Sungnam-si, the Defendant does not support the Defendant’s employee well-being, and the same outline that “Lata is going back in the future.”

" ............... Donnn's own hand with the victim's shoulder, the victim was in his own hands.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Each investigation report (the defendant and his defense counsel may brupt with the victim in a narrow space front of a beeras at the time, but the defendant and his defense counsel asserted to the effect that there is no indecent act by force against the victim as stated in the judgment.

However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by this court, namely, ① the statement of the victim witness B, and the statement that “the victim did not feel a sense of sexual humiliation at the time” is consistent with the victim’s witness B’s statement that it was false or director did not intervene in the testimony, and ② the place where the defendant was aware of the victim was not a narrow place to avoid physical contact at the time of movement, ③ the victim’s investigative agency or the victim’s attitude of statement in this court, etc., the victim made a false statement with the intent to harm the defendant otherwise.

Considering the fact that it is difficult to see, this part of the argument between the Defendant and the defense counsel is not accepted (B). However, the victim testified to the effect that the Defendant’s act of committing the Defendant was unresh but did not feel a sense of sexual shame, but the relationship and age difference between the Defendant and the victim, and when the Defendant was aware of the victim, the chest part of the Defendant and the victim’s chest part are contacted.

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