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(영문) 광주지방법원순천지원 2020.11.11 2019고단2630

강제추행

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

On September 21, 2019, the Defendant entered the guard room at the entrance of the net b apartment Cdong, where the Defendant works as security guards, and concluded that the victim D (the 18-year old age), who caused the Defendant’s house, entered the guard room, and subsequently, the Defendant committed an indecent act by force against the victim by making the victim’s breast part of the victim’s chest by his own hand.

Summary of Evidence

1. Application of Acts and subordinate statutes governing the protocol of statement of the police to D (tentative name) of the witness D, on-site photographs;

1. Article 298 of the Criminal Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Determination on the assertion of the Defendant and his/her defense counsel under the main sentence of Article 16(2) of the Act on Special Cases concerning the Punishment, etc.

1. The defendant and his defense counsel asserts that there is no fact that he committed an indecent act against the victim as stated in the facts constituting the crime in the judgment of the defendant.

2. In full view of the evidence duly adopted and examined by this Court, the following circumstances can be acknowledged.

① The victim consistently left the guard room to the investigative agency and this court, and entered the guard room according to the Defendant’s horse, and the Defendant stated that he and the left chest were delivered to himself.

② 피해자는 피고인이 자신의 가슴을 만진 방법과 관련하여, 수사기관에서 ‘왼쪽 가슴에 손을 얹듯이 살포시 만졌다, 왼쪽 가슴 아래쪽을 받치듯이 만졌다, 움켜 쥔 것이 아니라 갖다 대듯이 만졌다’라고 진술하였고, 이 법정에서도 마찬가지로 자신의 왼쪽 가슴을 받치듯이 하여 가슴 아래 부위를 손바닥으로 만졌다

The statement made to the effect that it is difficult to consistently state the fact without directly experiencing it.

In addition, there is no unreasonable or contradictory part in light of the empirical rule in itself, and after being sworn in the presence of a judge, the court shall take an oath.