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(영문) 대전지방법원 홍성지원 2021.01.12 2020고단610

강제추행

Text

The punishment of the accused shall be determined by imprisonment with prison labor for ten months.

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

Reasons

Punishment of the crime

The defendant is a male-friendly marriage C of the victim B (the family name, the female, the age of 42).

At around 22:50 on February 18, 2020, the Defendant: (a) reported the victim who was diving on the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part; (b) reported the victim who continued diving with the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the bed part of the other part of the bed part of the bed part of the other part of the bed part of the victim; and (c) had the victim expressed his intent of refusal

Summary of Evidence

Part of Defendant’s Court Statements

1. Four Chapter B and C’s respective legal field photographs [the victim’s statements are generally detailed, relatively consistent, empirical or present at a relatively consistent level;

The credibility of C's statements is recognized in line with C's statements.

The part that seems to be not consistent or inconsistent with C’s statement is because there is a limit to the victim’s memory or the victim’s mental confusion at the time, making it difficult to closely and accurately memory the situation at the time.

Above all, as a part of the Defendant’s follow-up statement, credibility exists in the Defendant’s original statement or the legal statement of C having no monetary relationship prior to the occurrence of the instant case, and the content of the statement in substitution for the victim’s statement (C was detained in another criminal case at the time of the statement in this court). Moreover, considering various circumstances, the victim consented to the Defendant’s indecent act committed by the Defendant, even though it was impliedly consented to the Defendant’s indecent act at the time of the instant case’s occurrence, including the fact that C was in a relationship with C and C was in the immediately adjacent to the victim.

see.