beta
(영문) 수원지방법원 안산지원 2018.06.15 2017고단3366

재물손괴등

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall order the completion of a sexual assault treatment program for 40 hours.

Reasons

Punishment of the crime

The defendant is an employee of C(State) who inspects a mobile phone circuit located in the Gu of Ansan-si, and the victim D(V, age 22) is a job partner who works together with the above company.

1. On July 26, 2017, the Defendant who damaged property: (a) around 13:50 on the 26th day of Silung-si, E and 2, and (b) at the studio 2 ping room, after completing night-time work, the Defendant: (c) destroyed the glass window, which was under the influence of alcohol, and damaged the victim’s G-owned market price at KRW 100,000,000.

2. The Defendant, at the time and place stated in the above paragraph 1, committed an indecent act by force against the victim, who was under the influence of alcohol, deviates from the victim D’s reflect knee and panty, and let the victim knee knee be seen. The Defendant forced the victim to commit an indecent act by forcing the victim, who re-enters clothes on the chest part of the victim’s chest part.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D’s legal statement [in a case where the witness’s statement is mutually consistent and consistent with the facts charged, it shall not be rejected without permission unless there exist any other evidence showing credibility that it is objectively acceptable from an objective perspective (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012). ① The witness D is consistent with the witness D’s statement, such as the police consistently states the same damage as the facts of the instant crime from the police to the present court, and ② the witness D was sucked first and exempted from the police.

After the statement, the prosecution and this court had been in his first place exempted from Ha, and milited with the deceased.

The statements made and made different statements in the ex post facto relationship but made different statements in the ex post facto relationship as long as they are specifically and consistently made in respect of each indecent act.

(3) A witness D is subject to an indecent act from the defendant, and he is able to become a member of the house immediately after he is able to commit an indecent act.