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(영문) 청주지방법원 2016.06.02 2015고단2037

강제추행

Text

A defendant shall be punished by imprisonment for six 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

The defendant is a person who serves as the head of the Ministry of Education in D, which is the cause of juvenile training in the Guns C, and the victim E (V, 19 years old) has served as an employee of the above Ministry of Education.

At around 03:00 on August 13, 2015, the Defendant committed an indecent act against a female by force, such as drinking the victim under diving by reporting the victim, drinking the victim’s desire to commit an indecent act by force, making the victim kiscing him/her in his/her arms, raising the victim’s threshold by hand, forced him/her by hand, putting his/her hand into the clothes of the victim, and exposing his/her chest into the clothes of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. Part of the protocol concerning the examination of the suspect against the defendant;

1. Each police statement protocol on E [Judgment on the defense counsel's assertion] asserts that the defense counsel only remains at the date, time, and place of the defendant's decision and did not have any physical contact with the victim.

However, in light of the following circumstances revealed by the aforementioned evidence, i.e., the content of the indecent act, the situation at the time of the prosecution, etc., consistent and detailed, the victim’s statement is consistent and consistent, the FG’s professional statement, which was the same as the fG’s statement that was committed by the injured party immediately after the prosecution, is consistent with the victim’s statement in lieu of the victim’s statement, and the FG’s statement in this court to the effect that “if the injured party was unable to find his or her identity while he or she was doing so for a long time, he or she started to speak about the Defendant’s indecent act,” it is reasonable to view that the victim’s statement is highly reliable. Accordingly, the above assertion by the defense counsel is rejected.

Application of Statutes

1. Article 298 of the Criminal Act concerning the facts constituting the crime;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The punishment, etc. of sexual assault crimes;