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(영문) 창원지방법원 통영지원 2016.09.09 2016고단408

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for four months.

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

Reasons

Punishment of the crime

On March 6, 2016, at around 19:40, the Defendant started from a bus terminal located in the Busan Nowon-dong, Busan, and committed an indecent act on the part of the victim D (the age 22) who was sitting on the side in the cross-city bus located in the C Gyeongwon passenger bus.

Summary of Evidence

1. Legal statement of the witness D;

1. Each one investigation report made by the police on D;

1. In determining the credibility of the statements made by the victim, etc. who supported the facts charged, the court shall not reject the statements made by the victim, etc. as long as there are no separate reliable data to view the credibility of the statements made by the witness, including the victim, in light of the following: (a) whether the contents of the statements themselves are rational, logical, contradictory, or empirical rule; or (b) whether the evidence or third party’s statements are consistent with the witness evidence or statements made by the public court after taking an oath before the judge; and (c) the appearance or attitude of the witness, and the penance of the statements made by the witness who directly observe the circumstances that are difficult to record (see Supreme Court Decision 2008Do7917, Jan. 30, 209, etc.); and (d) if the statements made by the witness, including the victim, are consistent and consistent with the facts charged, the witness’s statements made by the victim, etc. shall not be deemed to have been objectively reliable unless there is any separate evidence to deem credibility in the witness’s statements made by the investigation agency.

Clearly and consistently stated, and in the vicinity of the buckbucks inside the damaged bucks, the Defendant and the defense counsel are able to simply listen to music and make a contact without intention, as alleged by the Defendant and the counsel.

It is difficult to see that the witness is an indecent act.