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(영문) 수원지방법원 2017.11.16 2017고단5137

성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 18, 2017, the Defendant, around 19:55, was about 3 minutes from Dbucks of the victim E (the age of 25) who was seated next to, in his hand, around 19:3 minutes from D buses in operation of the Gyeong-si Highway near Gung-si, Gung-si.

Accordingly, the defendant committed indecent acts against the victim in means of public transportation.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Determination on the Defendant and defense counsel’s assertion of voluntary accompanying reports and internal investigation reports

1. The gist of the assertion was that the Defendant did not commit an indecent act as described in the facts constituting a crime, and did not intend to do so.

2. Determination

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall assess the credibility of the statements, taking into account all the circumstances that make it difficult to record in the witness examination protocol, including the appearance and attitude of the witness, and the penology of the witness who is going to make a statement in the open court after being sworn before a judge, and the appearance and appearance of the witness who is going to make a statement in the open court after being sworn. In a case where the statements made by the victims, including the victims, are mutually consistent and consistent with the facts charged, it shall not be rejected without any separate evidence that can objectively deem the credibility of the statements made by the victim, etc. (see Supreme Court Decision 2012Do2631, Jun. 28, 2012). Moreover, considering the following circumstances, the defendant’s intentional indecent act and the evidence that the statements made in the witness examination protocol, such as the statement made in the witness examination protocol, should also be sufficiently consistent with the above evidence.