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(영문) 대전지방법원 2018.06.21 2017고단4577

강제추행

Text

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.

Reasons

Punishment of the crime

Witness

In light of the facts and circumstances acknowledged by evidence duly adopted and examined by this Court, including the testimony of D (tentative name), part of the facts constituting the crime in the judgment shall be corrected as follows.

On July 25, 2017, the Defendant discovered the victim D (the 28 years old, 28 years old, and name) who was married in the Seo-gu Daejeon, Seo-gu, Daejeon on July 25, 2017, and thought that the Defendant committed an indecent act against the said victim.

The Defendant: (a) took the Victim’s hand with the Victim’s hand; (b) took the Victim’s hand with the Victim’s hand; and (c) took the Victim’s hand with the Victim’s hand; and (d) knife the Victim’s shoulder with one arms; (b) knife the Victim’s arms; (c) knife the Victim’s arms; and (d) dnife the Victim’s arm; and (c) dnife the Victim’s arm;

“ Even though it was resisted that he would not attract the victim, he continued to attract the victim’s hand and attract approximately 2-3m of the victim, and forced the said victim to commit an indecent act.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness D;

1. The police statement protocol on D (the defendant and his defense counsel) asserts to the effect that the defendant did not have the intent to commit an indecent act against the defendant, although the defendant had a son of the victim at the time of the instant case, sparing the victim's shoulder, sparing the victim, leading the victim by sparing the victim's shoulder, leading the victim's hand, and did not intend to commit an indecent act.

However, at the time of the instant case, the victim’s statement on the essential part of the Defendant’s act is relatively consistent, and in light of the victim’s investigative agency and its attitude and content in this court, there is credibility in the statement.

According to the evidence duly adopted and examined by this court, including the victim's statement, it can be sufficiently recognized that the defendant committed an indecent act against the victim's will as stated in the facts constituting the crime in the judgment.

Therefore, the defendant and his defense counsel's above assertion.