성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
A defendant shall be punished by imprisonment for six months.
The defendant shall be ordered to complete the sexual assault treatment program for 40 hours.
Punishment of the crime
On February 23, 2019, at around 02:50, the Defendant discovered the victim D (24 years old) located in Busan Jin-gu B and C clubs, and had the victim D (24 years old) located in front of the Kabter, and had the view to committing an indecent act against the victim by using a very complicated gap in surrounding areas.
Accordingly, the Defendant got off the victim's sexual intercourse with the victim's knife as the victim's knife.
Accordingly, the defendant committed an indecent act against the victim at a club which is a densely concentrated place by the public.
Summary of Evidence
1. Witnesses D and E's respective legal statements;
1. Partial statement of the witness F in the court;
1. Determination as to the assertion of some CCTV images and defense counsel
1. The Defendant’s summary of the assertion does not have any fact of deceiving the victim’s sexual intercourse as stated in the facts charged.
2. Determination
A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court shall assess the credibility of the statements, as well as whether the contents of the statements themselves conform to the rationality, logic, appearance, or rule of experience, physical evidence, or the statement made by a third party, and whether the statements made by the victim, etc. conform to the witness himself/herself in the open court after oathing the judge, including the appearance and attitude of the witness, and the penance of the statements, which are difficult to record in the witness examination protocol, by directly observing various circumstances that make it difficult for him/her to record. In cases where the statements made by the victim, etc. are mutually consistent and consistent with the facts charged, they shall not be rejected without permission, unless there is any separate evidence to deem the credibility objectively acceptable (see, e.g., Supreme Court Decisions 2012Do2631, Jun. 28, 2012; 2015Do7423, Nov. 12, 2015).
In light of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, the fact that the Defendant committed indecent act by compulsion as stated in the facts charged is acknowledged as having no room for reasonable deliberation.
(1) A victim shall be transferred to an investigative agency.