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(영문) 대전지방법원 2018.05.10 2017고단4820

강제추행

Text

A defendant shall be punished by imprisonment for not more than ten 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 has been working as a field agent in the Heak-gu Seoul Metropolitan Government B, and the victim D (V, 22) is a person who has worked as an administrative officer in the above C.

On July 20, 2016, around 11:00, the Defendant committed an indecent act by force against the said victim on nine occasions, such as the list of crimes, from around the above day to May 2017, 2017, when the head of the team was preparing open opening, and the victim was able to commit an indecent act against the victim, and the victim was able to commit an indecent act against the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Statement made by the police against D;

1. A report on internal affairs and E closure photographs (the defendant and his/her defense counsel has committed an act, such as putting the shoulder, etc. on the part of the defendant, such as encouragement of the victim like his/her dependent, but there was no fact that the defendant had contacted his/her sensitive body by drinking or dancing his/her chest, and there was no intention to commit an indecent act by force;

The argument is asserted.

However, there is relatively consistent victim’s statement concerning the Defendant’s indecent act in each of the instant case, the circumstances before and after the commission of the act, the victim’s response thereto, and the circumstances leading to reporting the crime in this case to the head office and the investigative agency, and the victim’s statement in light of the victim’s investigative agency and the attitude and content of the statement in this court, etc.

The above evidence duly adopted and examined by this court, including the victim's statement, can sufficiently recognize the fact that the defendant committed each indecent act against the victim's will, as stated in the facts charged in the judgment, with the intent to commit an indecent act by force.

Therefore, the above assertion by the defendant and his defense counsel cannot be accepted.

Application of Statutes

1. Criminal facts;