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(영문) 수원지방법원 2018.01.11 2017고단5423
강제추행
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 10, 2017, around 03:11, the Defendant discovered the victim F (tentative name) coming from the club, adjacent to the club, and committed an indecent act by force against the victim with the Defendant’s fault.

Summary of Evidence

1. Legal statement of the witness F;

1. Statement made by the police with respect to the F;

1. A report on internal investigation, a report processing of the 112 Incident, a suspect's appearance on the date of occurrence, and an on-site CCTV photograph;

1. A report on investigation, and a photograph of the CCTV images taken on the spot;

1. Investigation report (the telephone between the suspect and the husband of the victim);

1. Application of Acts and subordinate statutes reporting the confirmation of the contents of currency between the victim and her husband;

1. Relevant Article 298 of the Criminal Act and Article 298 of the Criminal Act concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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

1. The summary of the assertion is that the defendant did not have any physical contact with the victim, and that there was a physical contact with the victim for domestic affairs.

Even if the defendant's grandchildren were in contact with the victim's body, there was no intention to commit an indecent act against the defendant.

2. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by this court, the victim consistently stated that “the victim committed an indecent act by force by force against the victim’s hand, coming from the victim coming from this part of this court,” and the victim did not have any reason to make any false statement to injure the defendant until the victim is punished for perjury, and there is no other circumstance to open the victim’s statement in light of the victim’s attitude to make the statement in this court, and the victim’s statement is credibility in this court.

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