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(영문) 부산지방법원 2019.09.25 2019고단2452

강제추행

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

At around 23:10 on February 1, 2019, the Defendant embarked on the shuttletle bus (D) located in Seongbuk-gu, Changwon-si, Busan, and found the victim E (23 years old) who was seated first, and attempted to commit an indecent act against the victim, with the victim’s seat attached to the victim’s seat, and pushed down the buckbbbbbs of the victim’s buck in the passenger, and then the victim started to ske down during the bus transit, the Defendant laid his hand into the seat of the victim’s buck up two times on the upper part of the victim, and forced the victim to commit an indecent act by force.

Summary of Evidence

1. Legal statement of E;

1. Statement of the police statement of E;

1. A criminal investigation report (victim telephone call), a criminal investigation report (which divided between the victim and his/her branch, the contents of the Kakao Stockholm conversation), a criminal investigation report (verification of CCTV inside and outside the police station and append data), and a photograph of the CCTV-cape

1. While the Defendant denies the charges, the Defendant’s conviction is recognized in light of the following facts or circumstances acknowledged by the evidence duly adopted and investigated by this Court.

(1) The victim made a concrete statement at an investigative agency about the background of indecent act by compulsion, the order and manner of indecent act by compulsion, the circumstances before and after the crime, the emotional harm inflicted upon the victim at the time, the behavior of the victim responding thereto, the defendant's attitude and response after the crime, etc., and the major statements are consistent.

In addition, the content of the statement also refers to the following detailed circumstances that are difficult to identify without directly experiencing the relevant facts, and it cannot be deemed that the victim conforms to the contents of the Kakao Stockholm dialogue given and received immediately after the instant case and is contrary to or contradictory to the rule of experience.

Furthermore, when taking an oath in the presence of a judge and considering the form or attitude of a victim who is going to make a statement in the court, a false statement is published in that statement.