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(영문) 창원지방법원 마산지원 2020.02.07 2019고단831

강제추행

Text

A defendant shall be punished by imprisonment with prison labor for up to 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

Punishment of the crime

The defendant is the owner of the B forest land in Gyeongnam-gun, and the victim C (V, 61 years old) is the neighbor.

At around 15:30 on March 5, 2019, the Defendant: (a) expressed the victim’s desire to “Is to see whether Is Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas Mas

[A] The Defendant did not turn on the victim’s chest at the time, and the victim’s chest was dried during the dispute with the victim. However, in this case, the victim’s statement consistent with the criminal facts is relatively consistent and does not find any other circumstances that may undermine credibility. The victim’s statement, which meets the criminal facts, does not constitute a video recording for evidence immediately after the crime, but does not mention the claim for the crime of this case in the form of the crime, even though the police officer was present at the scene, and the complaint against the crime of this case was made on the following day. However, it is difficult to conceal the credibility of the victim’s statement on the sole ground of such circumstances. Rather, the Defendant made a statement that he did not own the victim’s body and did not have a hand on the part of the victim, and the victim did not accept the victim’s statement to change the victim’s clothes in the process of walking with her face when she sold it. Ultimately, the victim did not accept the evidence.

1. Defendant's legal statement;

1. Witnesses C and D each testimony;

1. Application of written opinions, on-site photographs, and USB laws and regulations;

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. Order to complete a program;