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(영문) 인천지방법원 부천지원 2016.10.26 2016고단1765

강제추행

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 26, 2016, around 21:10 on April 26, 2016, the Defendant discovered the victim G (a woman, pseudonym) coming from the middle part of the “F” located in Jongno-gu Seoul, Jongno-gu, Seoul, and led the victim to a bad part of the victim’s losses by extending out the hand.

[Judgment on the argument of the defendant and his defense counsel] The defendant and his defense counsel asserted that the defendant had a chance to commit an indecent act against the defendant, and they did not have an intent to commit an indecent act against the defendant. Thus, the following circumstances acknowledged by the evidence duly adopted and investigated by this court: ① The victim G appeared in this court and stated about the situation at the time of the crime: ① the location and interval of the defendant and the victim, the side and the sense of physical contact with the defendant at the time of the crime; the behavior the victim occurred immediately after the crime was committed and the response of the defendant to the crime are consistent with the investigation agency since the crime was committed to this court, and its credibility can be recognized (the part which was incorrect in light of CCTV in the victim's statement (the part which was sees the body of the defendant and sees the body of another location while the defendant was living together with the body of the victim), but the victim's statement is not likely to harm the credibility of the statement in the above main part, and ② the victim's statement at a different distance from the time of the victim's remaining after the defendant's oral.