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(영문) 수원지방법원 성남지원 2021.02.16 2020고단1809

강제추행

Text

A defendant shall be punished by imprisonment for a term of one year and two 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 operating shopping mall called "C" in Gwangju City, and the victim D (the age of 26) is a hosting model of the shopping mall.

At around 17:00 on February 16, 2020, the Defendant taken a victim who suffered a fright product in the shopping mall store “C” around February 16, 202, and seems to have panty.

Since then, I started to go.

“The victim,” refers to “bucks of the victim,” and the victim fucks of the victim, knenee of the victim, knee of the victim, knee of the victim, and knebbbbbbbs of the victim, and knick the victim’s face at the lower part of the victim, and knick the victim’s knish that the victim’s sexual flag discovered at the victim’s buck with her buck.

Summary of Evidence

1. Partial statement of the defendant;

1. Determination of the witness D’s legal statement and defense counsel’s assertion

1. The alleged defendant did not have any physical contact with the victim, such as facts constituting a crime, and there was no intention to compel the defendant to commit an indecent act.

2. Determination on the credibility of the victim's statement

A. According to the evidence duly adopted and examined by this court, the following circumstances are acknowledged.

(1) The victim made a consistent and concrete statement at an investigative agency about the content of the criminal conduct, the background of the indecent act committed, the circumstances before and after the commission of the crime, the emotions and actions responding thereto, the Defendant’s attitude and response after the case, etc., to this court.

② The victim’s statement of damage cannot be deemed to be contrary to or contradictory to the empirical rule, and the victim’s statement also conforms to the conversation that was divided with the Defendant during the period from the date of the instant case to the point of view.

(3) When taking an oath in the presence of a legal officer and considering the form or attitude of a victim who is going to make a statement in court, it is difficult to view that a false statement has been made.

B. The victim is guilty of false accusation.