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Reasons
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(영문) 부산지방법원 2014.07.16 2013고단7260
강제추행등
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 person who has leased the second floor of the above building to the victim D (V, 56 years old) residing in Busan Northern-gu C and the first floor.

1. At around 06:00 on July 24, 2013, the Defendant committed an indecent act by compulsion against the victim by forcing the victim to enter the victim’s house, who asked to see the house in front of the entrance of the above residence, and who asked to see the house in the presence of the victim.

2. On July 25, 2013, around 17:30 on July 25, 2013, the Defendant assaulted the victim, who saw that the victim could teared the window screen of the second floor of the building in front of the Busan Northernbuk-gu, and saw the newspaper into his hand, saw the victim’s head, spath, and stroke, strokeed the victim’s stroke, and stroke by single hand.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Partial statement of the witness F in the court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment of On-Site photographs);

1. Article 298 of the Criminal Act, Article 260 (1) of the Criminal Act and the selection of each fine concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 assertion by the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument is only the fact that the victim’s head was taken by speaking in the newspaper around 17:30 on July 25, 2013, and there is no fact that the victim’s head was floated and floated as stated in the crime, or that the victim was forced to commit an indecent act on the part of the preceding day.

2. The evidence duly adopted and examined by this court and the following circumstances recognized by this court, namely, ① The victim at the time of the police investigation, sent the chest to the victim’s clothes at around 06:00 on July 24, 2013, as stated in its reasoning, and examined on the following day.

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