(영문) 수원지방법원 2017.08.10 2016고단7891



A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.


Punishment of the crime

The defendant 2016

8. 26:00 :30 'E' clubs located in Gui-si D, Gi-si, Li-si, and talked with the victim F (F), i.e., the victim F (hereinafter referred to as "soliding"), and the victim's own knife the victim's chests with the victim's own knife.

“In doing so, the victim committed an indecent act on the part of the victim, such as talking about the victim’s bridge, cutting the victim’s bridge between the Defendant’s bridge and drinking the victim’s knife with the victim’s own hand.

Summary of Evidence

1. Legal statement of the witness F;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Application of Acts and subordinate statutes to the public prosecutor's office and police statement protocol to F;

1. Relevant Article 298 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Judgment on the assertion of the defendant and his/her defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed

1. The summary of the assertion is that the Defendant only talks with the victim in his/her age club as “salking” in the name of the victim, and the Defendant was aground, but there is no fact that the Defendant committed an indecent act against the victim.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by this court, namely, ① the victim consistently and specifically states the situation before and after the Defendant’s indecent act or the form of indecent act before and after the Defendant’s indecent act, etc. up to this court; the victim does not have any reason to make any false statement to the Defendant while taking charge of the punishment for perjury; and the victim does not appear to have any reason to make any false statement to the Defendant; in light of the victim’s attitude to make the statement in this court, the victim’s statement is credibility; ② the victim immediately talks with the Defendant’s husband after being forced to commit an indecent act; and the victim’s husband reported the victim’s husband to the police.