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(영문) 광주지방법원 2017.10.20 2017고정1014

강제추행

Text

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

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

On November 19, 2016, the Defendant, at around 19:30 on November 19, 2016, committed an indecent act by force by force against the victim’s left chest by turning the victim’s back to a knife, who is the main owner of the business that drinks alcoholic beverages in the side table table from the 'D' (hereinafter “instant main store”), and “I am only once I am. I am. I am.”

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. A protocol concerning the interrogation of suspects of E;

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

1. E statements;

1. Determination as to the assertion by the defendant and his/her defense counsel on the spot and on the part of damage.

1. The defendant and his defense counsel did not make the same speech as the facts constituting the crime in the judgment against the victim E, or they did not talk with the victim E's negative part and chest.

2. Determination

A. In a case where the statements made by witnesses, including the victim, are mutually consistent and consistent with the facts charged, they shall not be rejected without any separate and reliable evidence to deem the credibility of the statements from an objective point of view and objectively, unless there exist any other evidence to believe the credibility of the statements made by the witness. The mere fact that the statements made by the witness are somewhat consistent with the statements on other minor matters in the major parts of the statements, etc. (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2007Do10728, Mar. 14, 2008). In such a case, the victim E made a consistent and concrete statement replacing the acts committed by the defendant in this court and the investigative agency with respect to the act committed by the defendant, and the situation after the crime, and the contents of the above statements are consistent with the investigation agency and the investigative agency and the victim’s respective testimony made on contact with the victim E, and thus, the credibility of each of the statements made by the victim does not appear.

I would like to say.

E. the reliable witness E.