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(영문) 광주지방법원 2016.12.23 2016고단1699

강제추행

Text

1. The defendant shall be punished by imprisonment with prison labor for six months;

2.Provided, That the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim E (n.e., 18 years old) are the relationship between the F University G Glyri-ri's post-age.

On November 13, 2015, the Defendant, from around 18:00 on November 13, 2015, took a meeting of returning new students from the F University G Gririju, and drinks with the members of the same kind, including the said victims.

At around 23:00 on the same day, a large number of drinking alcohol victims went to H and Naju General Hospital because it is difficult to conceal them, and the Defendant was at the above hospital to pay hospital expenses.

Since then, the Defendant sited in the back seat as the victim in the taxi back to the school, and the victim lying bucks on the bucks of the Defendant, lying the bucks of the Defendant, bucking on the bucks of the Defendant, bucking on the victim’s entrance who was unable to properly hold the body, and putting the victim into the bucks, and applied the victim’s state of failing to resist.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. E prosecutorial statement;

1. Each police statement (victim) and each protocol of statement to E;

1. The police statement of H (the defendant and his defense counsel argued to the effect that the defendant was faced with the victim, but this was made with the victim's explicit or implied consent. However, in full view of the following facts and circumstances acknowledged by the aforementioned evidence duly adopted and investigated by this court, the defendant can recognize the fact that the defendant committed indecent act against the victim's will by drinking alcohol without the victim's consent, making the victim fit with the victim who was unable to resist. Accordingly, the above assertion by the defendant and his defense counsel is not accepted. 1) If the statements by the witness including the victim are mutually consistent and consistent with the facts charged, it is objectively deemed that there is no credibility.