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(영문) 부산지방법원 2021.02.10 2020고단3461
강제추행등
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

The defendant is an employer in the field of construction field, and the victim B (n, 61) is a short-term worker.

1. On February 20, 2020, the Defendant committed an indecent act by force by force against the victim’s side, waiting to board an elevator in front of the fourth floor of the building at the construction site of the Busan-gu Office Officetel in Busan-gu, Busan-gu, Busan-do, by way of throwing a arms out from the victim’s upper part to the right chest of the victim, provoking, provokinging out.

2. Around 12:30 on February 21, 2020, the Defendant publicly insultingd the victim by stating that, on the second left side of the port where “A” was located, four persons, such as the victim, during the time of occupation and rest, witness D, etc. on the second side of the port where “A,” the second floor of the instant port building, “A,” the victim, who is not the victim, refers to the victim of the previous construction work equipment, and “I are going to the victim with an inner tag.”

Summary of Evidence

1. The defendant's partial statement of witness D and E in each of the legal statements of witness B in court;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Each police statement protocol on D and E (the defendant and defense counsel denied that the defendant's shouldered the victim's shoulder at a low level with respect to the crime of indecent act committed by force, but the defendant did not commit a indecent act by force. However, in light of the following facts or circumstances acknowledged by the evidence duly adopted and investigated by this court, the defendant can be acknowledged as having committed a indecent act by force.

① From the investigative agency to this court, the victim suffered from the indecent act that forced the Defendant to talk on the fourth floor by leaving the Defendant.

The defendant was sleeped with clothes, but the defendant was sleepd as knife.

The elevator has been listed as a shot for the purpose of getting off the elevator.

“The circumstances leading up to which a forced indecent act was committed, the order and manner of the indecent act, the circumstances before and after the commission of the crime, the emotional distress at the time of the crime, and the emotional distress at the time of the crime.”

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