강제추행
A defendant shall be punished by imprisonment for not less than eight 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.
A. On January 16, 2016, around 01:15, the Defendant: (a) avoided disturbance in front of the seat of the GFtel in Gangseo-gu Seoul Metropolitan Government ***** the victim H (37 tax) who was the police officer belonging to the police station G G District in the Gangseo-gu Police Station, and called out after receiving a report 112, was forced to stop the Defendant; and (b) during that process, the Defendant was able to kid the victim with the victim’s kisck and kid the victim’s sexual organ by hand.
Accordingly, the Defendant committed an indecent act on the part of the victim.
Summary of Evidence
1. Each legal statement of the witness H and I;
1. The defendant's defense counsel asserts that the admissibility of CCTV CDs (the defendant's defense counsel may not be recognized as evidence because the video files stored in CCTV CDs are traced of editing.
The CCTV CD submitted by the Prosecutor was installed at the site of this case.
The screen taken by CCTV is reproduced and the victim H or the police officer, who sent it together at the time, has taken a cell phone. In the case of a video file reproducing such reproduced images, the nature as a copy of the original image reproduced from the perspective of being the original copy of the re-recording as a substitute for the CCTV images that would have been submitted as original evidence. However, the video file stored in the above CD is not copied by electronic means in relation to the original CCTV images, and the identity and integrity of the video files at issue in digital evidence cannot be viewed as the requirement of admissibility of evidence.
Defendant’s defense counsel has a trace of editing a video file stored in the aforesaid CD.
The argument is in accordance with the argument, but more than two minutes of the contact between the defendant and the victim at issue in this case has passed, and the defendant has been working on the right side of the police vehicle after about two minutes have passed since the contact between the defendant and the victim at issue in this case.
The face of contact, which is at issue, is editing.