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(영문) 대구지방법원 2015.11.24 2014고단6420

강제추행

Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged was around 18:50 on May 31, 2014, the Defendant continued to arrive at the Gyeong Young-gu, Daegu-gu, Daegu-gu, in the Gyeongdong-gu, where the Defendant had scamblinged the victim E (here 52 years of age), following the victim’s behind the victim, and “a danced one time,” and the victim refusing to do so, stating that “I will reduce 30,000 won once a defect. 50,000 won. . . 50,000 won.”

The defendant said "one-time defect" to the victim at this place, and brought the victim's chest by hand and spawn the victim's chest.

Accordingly, the Defendant committed an indecent act on the part of the victim.

2. However, as evidence submitted by the prosecutor concerning the facts charged in the instant case, the victim E’s statement (including the head of the complaint and the contents of the interrogation of the suspect for the prosecution police) and F’s statement, internal investigation report (including the attachment of photographs, such as the victim E mobile phone text), request for communication data, reasons for failure to conduct a polyloge inspection, results report, investigation report (G hotel performance schedule confirmation) etc. are required.

First, with respect to the credibility of the victim E’s statement, which is the most valuable evidence, the victim’s contents and attitude in this court is not likely to be significantly doubtful. However, the victim was prosecuted on the ground that the victim committed an indecent act by compulsion against the majority of men including the defendant. Of course, the victim was not convicted of such indictment, but the victim’s credibility in the victim’s statement is significantly damaged even if it was charged with the above contents.

Of course, in the result of the examination of the false statement detection devices against the defendant, the contents that the defendant made a false response to the statement that "the victim's chest has no physical contact or no physical contact has been made" are mentioned in the suspect examination protocol.